29/11/2022

Singapore repeals Section 377A

Singapore repeals divisive law, endorses protection of marriage definition
The Singapore Parliament voted to repeal Section 377A of the Penal Code, which criminalises gay sex among men. (FILE PHOTOS: Yahoo News Singapore)

The Singapore Parliament voted on Tuesday (29 November) to repeal Section 377A of the Penal Code, a colonial-era law which criminalises gay sex between men.

It also voted to endorse amendments to the Constitution to protect the current definition of marriage from legal challenge. The repeal of 377A saw 93 Members of Parliament voting in favour of the move. Workers' Party MPs Gerald Giam (Aljunied GRC) and Dennis Tan (Hougang), as well as Nominated MP Hoon Hian Teck, voted against the repeal.

The constitutional amendment saw 85 MPs vote in favour. Progress Singapore Party's Non-Constituency MPs Leong Mun Wai and Hazel Poa voted against the amendment, while WP's Sylvia Lim and He Ting Ru abstained. Nominated MPs are not allowed to vote on constitutional amendments.

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377A repeal: Singapore turns page on dark LGBT history
Russell Heng at the Feet of Five Trees in Esplanade Park

Standing in Singapore's tranquil Esplanade Park, Russell Heng pointed to the spot where he was once caught by the police - just for being gay. It looks like any other tree-lined corner in the city. But back in the 1980s, before the age of the internet and Grindr, it was a popular meeting spot for gay men in a country where homosexuality was in effect criminalised.

Nicknamed the Feet of Five Trees, the spot's towering raintrees provided cover and seclusion, recalled Mr Heng, a playwright and activist. "We were roaming about that night. And then suddenly, there was a loud voice - a plainclothes policeman - who started shouting at us," he said. The men were forced to line up in a row as the policeman fiercely berated them. "He said 'You should be ashamed of yourself'.

"We were just walking in the park," he said.  "You felt psychologically that maybe you did something wrong… basically it was bullying. "For decades, Singapore's government preserved the controversial 377A law inherited from British rule, which banned sex between two men. Authorities argued that it reflected Singapore society's view that homosexuality was not acceptable. But last week its parliament repealed the law, just months after leader Lee Hsien Loong's surprise announcement they would scrap the ban because of changing attitudes.

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Repeal of Section 377A and constitutional amendment to protect marriage definition 'major milestone' for Singapore: PM Lee
The crowd at the Pink Dot event on Jun 18, 2022 using white umbrellas to spell out "majulah". (Photo: CNA/Try Sutrisno Foo)

The repeal of Section 377A and protecting the definition of marriage from legal challenges is a "major milestone" for Singapore, said Prime Minister Lee Hsien Loong on Tuesday (Nov 29). 

Mr Lee said in a Facebook post that he is "very happy" that Parliament approved changes to two Bills - the repeal of the colonial-era Section 377A in the Penal Code and the constitutional amendment on the definition of marriage. "It is a major milestone for Singapore. The outcome itself is significant. We are decriminalising sex between men – a longstanding issue, and not just for gay Singaporeans," said Mr Lee.

At the same time, the definition of marriage - as a union between a man and a woman - is protected from constitutional challenge, he added. "Taken together, these are balanced, wise steps forward." The two-day concurrent debate on both Bills ended on Tuesday. The repeal of Section 377A was passed with a majority of 93 to three votes, while a constitutional amendment to protect the definition of marriage against legal challenge was passed with a majority of 85 to two votes.

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Parliament repeals Section 377A, endorses amendments protecting definition of marriage
The law, which criminalises sex between men, was repealed after a debate in Parliament. PHOTO: MCI

Parliament on Tuesday voted to repeal a decades-old law criminalising gay sex, while endorsing changes to the Constitution to protect the current definition of marriage from legal challenge. The repeal of Section 377A of the Penal Code, following a 10-hour debate over two days, saw 93 MPs voting in favour of the move.

Workers’ Party MPs Gerald Giam (Aljunied GRC) and Dennis Tan (Hougang), and Nominated MP Hoon Hian Teck were the only three to vote against the repeal. The constitutional amendment to introduce Article 156 saw 85 MPs vote in favour, while both Progress Singapore Party (PSP) Non-Constituency MPs (NCMPs) voted against the move, and WP MPs Sylvia Lim (Aljunied GRC) and He Ting Ru (Sengkang GRC) abstained. Nominated MPs are not allowed to vote on constitutional amendments.

Law and Home Affairs Minister K. Shanmugam said Parliament’s overall choice showed that the House is the one to decide on issues of marriage rather than leaving the matter to the courts and living with the potential threat of the current definition being ruled unconstitutional.

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Section 377A of the Penal Code (Singapore)

Section 377A of the Penal Code of Singapore (repealed on 29 November 2022) was the main piece of legislation which criminalised sex between mutually consenting males who were not below the legal age of consent (16 years in Singapore), even when it was done in private. In lay terms, it was known as the "gross indecency" law. This was the phrase commonly used by the press when routinely reporting on criminal cases charged under the statute:
  • Consensual sex between males where one party is underaged is charged under commercial sex with a minor below 18, sex with a minor below 16 or statutory rape.)
  • Non-consensual sex between males is charged under "assault or use of criminal force to a person with intent to outrage modesty" (Section 354 of the Penal Code[2]). Male on male rape is charged under Section 375 (1A) of the Penal Code[3]. Sexual assault involving penetration (eg. performing oral sex on another non-consenting male) is charged under Section 376 of the Penal Code. Victims are not charged. (See main article: Rape of males in Singapore).
"Gross indecency" was usually taken to mean all forms of non-penetrative sex (eg. mutual masturbation) between two males regardless of age. This stood in contrast with the former Section 377, known as the "unnatural sex law", which included only penetrative sex (mainly oral and anal) between two persons of any gender, meaning it did not discriminate between heterosexual and homosexual sex.


Section 377A (Singapore)

Section 377A was a Singaporean law introduced under British colonial rule that criminalised sex between consenting male adults. It was added to the Penal Code in 1938 by the colonial government under the governorship of Shenton Thomas. It remained a part of the Singapore body of law after the Penal Code review of October 2007 that removed most of the other provisions in Section 377, until its full repeal on 29 November 2022.

The law, which was retained de jure in the Penal Code, was de facto not enforced in modern times – there had been no convictions for sex between consenting male adults in decades prior to the law's repeal. On 28 February 2022, the Court of Appeal of the Supreme Court of Singapore reaffirmed that 377A cannot be used to prosecute men for having gay sex.[1] That same year, an Ipsos survey found that 44% of Singapore residents supported retaining the law, with 20% opposing it and the remaining 36% being ambivalent.

On 21 August 2022, Prime Minister Lee Hsien Loong announced during the annual National Day Rally that the government intends to repeal Section 377A, effectively ending criminalisation both de facto and de jure. The law was officially repealed by the Parliament of Singapore on 29 November 2022


Pink Dot 2022

Singapore’s landmark LGBTQ+ rally will return to Hong Lim Park on 18 June 2022 after two years of online-only events. “We’re excited to return home to Hong Lim Park. The feelings of kinship and community is something we’ve all missed dearly during the last two years, especially after how difficult the pandemic has been for us, and our disappointing loss of the 377A constitutional challenge,” said Pink Dot SG spokesperson Clement Tan.

The 14th edition of Pink Dot SG will harken back to its roots with a daytime dot, inviting participants to write messages of hope and change on physical placards. In response to the government’s promise that it will review its policies to reflect shifts in social attitudes, Pink Dot will call on participants to collectively envision what a more inclusive future could look like. “Change can only come through collective action. We hope that people will show up, stand together with the community, and speak up for the change they want to see in Singapore”, said Mr Tan.

In accordance with local regulations, the event will welcome Singaporeans and Permanent Residents who are fully vaccinated against COVID-19. All entrants are required to provide proof of vaccination at entry points. To be considered fully vaccinated, they must have received their primary vaccination series, along with a booster jab within 270 days of the last dose. As participants will be outdoors, they are not required to wear face masks and will be allowed to enjoy picnics with family and friends. They will also be treated to the Pink Dot Concert, which includes performances by groups like Singapore Drag Royalty. The Community Tent, a mainstay at every Pink Dot event since 2012, will convene LGBTQ+ groups this year. These organisations provide year-round support and have been critical to the well-being of the community over the course of the pandemic. Participants are encouraged to visit the groups to engage with community leaders, gain access to resources, and learn more about LGBTQ+ issues in Singapore.

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