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Time is now to repeal 377A: Shanmugam



K Shanmugam, Minister of Law, stated that repealing Section 377A of the Penal Code is the correct thing to do now that society is more ready for it.


During a legislative discussion on the repeal of the colonial-era statute that criminalized sex between males, Mr. Shanmugam stated, "The time has come to repeal Section 377A. It humiliates and hurts homosexuals.


"Most homosexuals do not cause others harm. They simply wish to live in peace and quiet, and to be regarded as members of society on par with other Singaporeans."


They may be members of our family, our friends, or our coworkers, and they deserve dignity, respect, and acceptance, he said.


Because of their sexual orientation, they do not deserve to be stigmatized.


Prime Minister Lee Hsien Loong originally declared the government's desire to abolish Section 377A during the National Day Rally in August.


This and another Bill to change the Constitution to preserve the definition of marriage from legal challenges were addressed in Parliament on Monday.


Even if Section 377A is not enforced, it serves as a warning to homosexuals that every time they engage in private sexual behavior, they are committing a crime, according to Mr. Shanmugam who is also Minister for Home Affairs.


Adding that this is akin to a sword hanging over the head of a homosexual, he said, "Is it right that homosexuals must live in this manner?


"This is not something we should accept, even if we disagree with homosexuality personally. Therefore, I will say, "Let us begin to address these divisions, heal these divisions, and alleviate their anguish."


The minister stated that repealing Section 377A makes it obvious that homosexuals are not criminals.


Section 377A should be removed from our records.


He stated that in certain religions, homosexuality is considered a sin.


"Some sins are crimes. "However, not every sin is a crime," the minister stated.


For action to be considered a criminal in Singapore, there must typically be a public order or public interest concern.


He noted that it is typically not the role of criminal law to intrude in the private life of persons.


Mr. Shanmugam emphasized that if Section 377A is removed, "the only thing" that would no longer be considered an offense is voluntary adult male homosexual conduct in private.


He noted that compared to 2007, when the matter was last considered in Parliament, Singapore's society is now in a position to embrace the repeal.


"From our interactions, we have determined that the majority of Singaporeans agree that sex between males should not be illegal. Even those who favor retaining Section 377A oppose its aggressive enforcement, according to Mr. Shanmugam.


"However, as has been emphasized in and outside of Parliament, we must and will simultaneously take efforts to address the potential repercussions of the repeal... since some of these impacts would be unacceptable to a considerable portion of our community."

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