Malaysiakini News

Decriminalise consensual sex between adults

Kua Kia Soong  |  Published:  |  Modified:

COMMENT | A few days ago, Malaysia attained international notoriety for the caning of two Malaysian women in a religious court after being convicted of attempting to have lesbian sex in a car.

In striking contrast, the Indian Supreme Court yesterday held that Section 377 of their Penal Code, which criminalises consensual sexual acts between adults of the same sex, is unconstitutional.

That is a mature constitutional position that gives 1.2 billion people in India the freedom to have consensual sex.

Were these two contrasting judicial responses in our two Asian countries a breakdown of Asian values? Certainly not. Both Malaysia and India have been using a British colonial-era law that legislated institutionalised Victorian contempt aimed at the LGBT community...

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