Unfortunately, his argument is an argument that can be used to repeal virtually all laws in Malaysia. After all, if Mahathir controls the system in the way he does, he could use any laws selectively to "persecute his political challengers and other dissenters to his throne". Should all laws then be abolished so that a tyrannical politician cannot abuse them?
Whether homosexual offences in the Penal Code should be repealed is a much larger question. That they are antiquated is not in doubt if for no other reason than the fact that they derive from the Indian Penal Code (IPC) of 1861.
There are similar provisions in many new Commonwealth countries which drew their criminal laws from the IPC, including Singapore, Sri Lanka and many African countries. To my knowledge none of these countries — including India — has done anything about repealing section 377, which deals with homosexual offences.
This might have more to do with the fact that these societies are traditional and highly conservative ones, than manipulation by tyrants. In a very religious country like India or Malaysia, given that virtually all mainstream religions have something negative to say about homosexuality, it would be a brave politician who would stand up first to argue for the repeal of homosexual offences.
Even the most liberal politicians in such countries would fail to persuade people, even if completely free referendums are held, that homosexuality is not wrong and ought not to be criminalised. Of course, the notion of de-criminalising homosexuality in the syariah (Islamic law) is a non-starter.
Manjit is of the view that "homosexuality is not a bad thing" nor is it a crime. He is entitled to his views, but it is my feeling that the vast majority of Malaysians, for deeply-held religious reasons, would not agree with him.
Homosexual offences are still in the statute books in Malaysia not because Mahathir does not allow "open public debate", but because Malaysia is a conservative and religious society in which homosexuality is frowned upon and will be so for a very, very long time to come.