22 Ogos, 2009

Sodomy, corruption and Malaysia's Penal Code


The Penal Code
Of course, pro-gay voices can take advantage of the topicality of the issue as well. A letter from someone using the pseudonym of "Nellson" was published in Malaysian online newspaper Malaysiakini on 3 July 2008. Titled, " Heinous vilification, persecution of homosexuals", he wrote,
Gay people have no one to speak up for them in Malaysia. Without any public discourse on the subject of equal rights for homosexuals, there is little opportunity for changing the attitudes of the public or government authorities.
Therefore, since homosexuality is considered an affront to Islam, any news relating to gay and lesbian rights, especially including calls for ending discrimination against homosexuals, is suppressed.
Further on,
The extensive publicity regarding government condemnation of homosexuality has sent the message to the police and others that persecution of homosexuals is acceptable. All my recent research shows that conditions for homosexuals in Malaysia are quite precarious. Things are getting worse rather than better, and there is no evidence of any turnaround potential for the forseeable [sic] future.
The negative attitudes, discrimination and persecution being experienced by Malaysian gay people today is a direct result of religious attitudes and governmental policies. Defining homosexuality as criminal 'sodomy,' imprisonment, censorship of media discussions of the issue, and police oppression, together constitute a pattern of government-sponsored persecution that is impossible to deny.
However, what intrigued me most about his letter were his references to Malaysia's Penal Code. He said,
In Malaysia's Penal Code Section 377, the sentence for conviction of sodomy is flogging, plus up to twenty years in prison.
Further on,
In addition to Section 337 [sic], just to prevent any homosexual from escaping conviction, Section 337A provides for a male to receive up to two years in prison for any act of 'gross indecency with another male person.' This vague wording allows prosecution for any kind of erotic interaction between two males. This law is explicitly applied only to homosexual behavior among males, but lesbians also suffer discrimination.
I feel for him, but I had good chuckle reading this, for his references are wrong. Malaysia's Penal Code is numbered differently from Singapore's. He mistakenly cited the clauses from Singapore's (pre-amendment, October 2007) Penal Code, in which Section 377 indeed criminalised "carnal intercourse against the order of nature" and 377A criminalised "gross indecency" between two males.
The Malaysian Penal Code reads differently:
Unnatural Offences
377.Buggery with an animal.
Whoever voluntarily has carnal intercourse with an animal shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to fine or to whipping. Explanation
Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.
377A.Carnal intercourse against the order of nature.
Any person who has sexual connection with another person by the introduction of the penis into the anus or mouth of the other person is said to commit carnal intercourse against the order of nature. Explanation
Penetration is sufficient to constitute the sexual connection necessary to the offence described in this section.
377B.Punishment for committing carnal intercourse against the order of nature.
Whoever voluntarily commits carnal intercourse against the order of nature shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to whipping.
377C. Committing carnal intercourse against the order of nature without consent, etc.
Whoever voluntarily commits carnal intercourse against the order of nature on another person without the consent, or against the will, of the other person, or by putting other person in fear of death or hurt to the person or any other person, shall be punished with imprisonment for a term of not less than five years and not more than twenty years, and shall also be liable to whipping.

377D. Outrages on decency.
Any person who, in public or private, commits, or abets the commission of, or procures or attempts to procure the commission by any person of, any act of gross indecency with another person, shall be punished with imprisonment for a term which may extend to two years.
377E.Inciting a child to an act of gross indecency.
Any person who incites a child under the age of fourteen years to any act of gross indecency with him or another person shall be punished with imprisonment for a term which may extend to five years, and shall also be liable to whipping.
As you can see, in Malaysia the sodomy law is numbered 377A and 377B. Oral and anal rape, regardless of gender, comes under 377C. Gross indecency is numbered 377D, and you will notice that unlike Singapore's case, the Malaysian version applies to women too.
Poor Nellson. In trying to do his research over the internet before typing his letter to Malaysiakini he must have found tons of stuff about Singapore's Penal Code, but virtually nothing about Malaysia's. He probably assumed that the laws were the same.
In some ways Singapore punches above its weight. Our government likes to boast that small though we may be, our strong economy, efficient and incorruptible government... blah, blah blah... make Singapore an example that people notice.
Evidently, ordinary Singaporeans, in making all their noise about our outdated laws, have done their part too.
© Yawning Bread

1. Straits Times, 8 July 2008, High-stakes perception battle
Return to where you left off

HoHomosexual's Life Of Moral Decadencemosexual's Life Of Moral Decadence
By Melati Mohd Ariff

KUALA LUMPUR, July 8 (Bernama) - Literally, the term homosexual refers to sexual relationship between the same gender, either man and man or woman and woman.

Homosexuality is usually contrasted with heterosexuality and bisexuality.

Traditionally, the term gay is used predominantly to refer to homosexual males, while lesbian is a gender-specific term that is only used for homosexual females.

The term homosexual is also used for the same-sex sexual relation between persons of the same sex who are not gay or lesbian.

In the West, the morally wrong and corrupt homosexual act has turned into a sort of plague, spreading its tentacles far and wide, engulfing individuals with the tendency of adopting this immoral self-indulgence.

In the country today, the gay lifestyle is believed to have sprouted rampantly. A point to note is the mushrooming of the gay clubs.

A news report yesterday came out with a revelation that shocked many; gay comics, said to be sold at RM50 each, is believed to be a hot item among those aged 25 and above.

But the question is that, is this upsetting trend is mushrooming?


The Malaysian Muslim Consumers Association (PPIM) secretary-general, Datuk Dr Maamor Osman, said the homosexual act in the country had grown to a worrying trend.

The tendency to perform homosexual acts is there, as shown by the proliferation of gay bars, Dr Maamor, who is also a general medical practitioner, told Bernama.

"In the Quran, it is said that Allah the Al-Mighty had obliterated Luth's people for their indulgence in homosexual acts.

"There is no forgiveness for such debauchery, to the extent that it angers Allah the Al-Mighty," said Dr Maamor.


On the health aspect, Dr Maamor said homosexuals who indulge in anal intercourse are prone to various risks.

"Each of the human organs have their respective systems including blood circulation, nerves, immune system and other systems. A woman's sexual organ, and hormones are different from that of a man.

"There are specific for certain functions. Unfortunately for some humans, they resorted to commit deviations," he said.

According to Dr Maamor, the humans gastro-intestinal system begins right from the mouth until the anus. The system is outfitted with specific cells for the digestion and absorption of food.

"There is the rhythmic (intestinal) muscle movement, known as peristalsis. And if this system is disturbed, such as when anal intercourse occurs, it will invite damage to the persons physical, emotional and spiritual attributes.

"As this system is not for erroneous acts, it invites various risks like Aids, hepatitis, haemorrhoids and septicemia (bacterial infection of the blood)), said Dr Maamor, adding that this unnatural sex act also draws various sexually transmitted diseases".


The Malaysian Islamic Youth Movement (Abim) president Yusri Mohamad said that a homosexual act is a serious immoral and criminal offence.

"There is no difference between a homosexual act and adultery. Hence, severe punishment should be handed down against homosexuals. Prevention and punishment must be executed", said Yusri.

He said the doors that invite people to commit this sin should be permanently closed and sealed.

"Take immediate action against centres or clubs where the homosexuals gather, like revoking the operating license.

"Websites and magazines that may have rooms for homosexual-oriented messages should be monitored and action taken against them," he said.

Yusri calls on the authorities to conduct raids, akin to that held for drug-prevention operations at nightspots and entertainment centres.

Hence, the government is seen as taking stern and firm action to curb this moral decadence, unlike the western nations that provide the so-called freedom to such debauchery.

"There is not much account on homosexuals in the Indian community, in some cases there are bisexuals but that is not their wishes.

"Even the Hindu religion does not accept homosexual practices", the Malaysian Hindu Sangham president Datuk A. Vaithilingam told Bernama.

Vaithilingam calls on parents to exercise caution in and give the issue a serious look in the efforts to prevent their children from being trapped in the homosexual clutches.

He said the community should be exposed to education and counselling on the homosexual topic to create awareness among the public on the ills and evils of this felony.

Serious attention should also be given against illicit sexual relations in order to prevent it from becoming a menace to the society.


This act, which is like a malignant cancer, should not be allowed to spread its tentacles, as it threatens to bring destruction and devastation to the society.

Hence, education for the youngsters particularly for those in schools and universities is crucial to prevent the society from being engulfed by this immoral act.

In this context, Dr Maamor concurs with Vaithilingam that the parents need to boost their knowledge in order to shoulder the immense task of preventing their offsprings from being drawn into the evils of homosexual acts.

Parents should not feel embarrassed if they ask for advice and counselling from the experts to overcome this issue.


Dr Maamor also calls on the Islamic Advancement Department (Jakim) to adopt an approach where doctors and psychiatrists can brief mosque officials on the issue apart from setting up the integrated referral centres at the mosques.

Similar concepts can be applied at institutions for the other religions in the country, he said.

Dr Maamor said the Information Ministry may use the electronic media to disseminate information on the warfare against this social scourge.

"We may be giving the wrong impression as if the authorities are tolerating with this immoral act", he said.

Meanwhile Yusri calls on the authorities to monitor male artistes and actors that are prone to portray 'feminine' image.

"We are not saying that all of the 'womanly' males are gays but many of the gays are from this group.

"We do not wish these people to be used as the idol and role model", he said.

Clearly, the homosexual phenomenon is against the human natural behaviour and should be swiftly and firmly dealt with.

Not everyone wants to see the country to be overwhelmed by the influx of moral decadence that erupt from those who are out to draw the people into the dark ages of morality.

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