‘Gay sex’ is legal in the country; But marriage remains illegal!

Singapore has decided to repeal an archaic law that criminalised gay sex, which marks a watershed moment in the country’s history. The announcement was made by Prime Minister Lee Hsien Loong during his annual policy address on Sunday. Lee stated that repealing Section 377A of the Penal Code from the colonial era was the ‘right thing to do, which most Singaporeans will now accept’.

He also stated that repealing Section 377A ‘will bring the law in line with current social mores, and, hopefully, provide some relief to gay Singaporeans’. While gay sex between consenting men in private has been decriminalised, the Singaporean government has also proposed amending the constitution to prohibit marriage equality. In other words, same-sex marriage remains illegal in the country because various religious groups consider marriage to be a union between a man and a woman.

PM Lee described the dual action as a ‘political accommodation that balances different legitimate views and aspirations among Singaporeans. Most people are concerned about what they believe Section 377A stands for and what they believe repealing it will quickly lead to. With these concerns in mind, the government will strengthen the country’s current legal definition of marriage: the law recognises only marriages between one man and one woman’.

What is Section 377 A?
Section 377A of the Penal Code, enacted during the British era, criminalised sex between men in the former British colony. It went into effect in 1938 after being adapted from a similar law in the Indian Penal Code. It is worth noting that gay sex was decriminalised in India in October 2018.

Prior to the repeal of the law in Singapore, Section 377A remained a major policy issue, dividing the country’s conservative and liberal voices, both in political corridors and in everyday society. However, for gay rights activists, the battle is only half over. The government is unwilling to allow gay marriages, which could pose a significant barrier to gay couples attempting to live a normal life.