Scoops > Community > Justice Quentin Loh upholds the law which makes intimacy between men an arrestable offence
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Today Justice Quentin Loh released a judgment in the Constitutional challenge of statute 377A of the Singapore Penal Code, upholding the law which makes intimacy between men an arrestable offence.

In a 54-page judgment, Justice Loh addressed several wide-ranging issues including whether 377A is absurd because it targets homosexual orientation which is a natrual and immutable attribute. Despite medical and evidences from other scientific bodies being put forward by Mr M Ravi, Mr Tan Eng Hong's lawyer, Justice Loh found that the statute has not infringed the rights of the plaintiff and is not inconsistent with Articles 9 and 12 of the Constitution of the Republic of Singapore, which ensure that one will not be deprived of his life or personal liberty save in accordance with law and that all persons are equal before the law and entitled to the equal protection of the law, respectively.

Justice Loh added that he disagreed with the notion that the Parliament is not allowed to legislate on an issue where morality of that issue is controversial. He said, "...(parliament's) choice in favour of one view in a spectrum cannot be said to be undeniably wrong. I would also add that Parliament can take steps to amend a legislation to reflect societal norms and values if it occurs to Parliament that the tide of social and public opinion has shifted..."

In response to today's judgment, Mr M Ravi, who has acted pro bono in this matter for more than 3 years, is not discouraged.

"We will continue to fight until we collectively position ourselves on the right side of history, and towards a more inclusive society in Singapore."


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Posted by Jaslira Icon
Posted on 03/10/2013, 10:38 AM
So it's okay to legalize slavery if "it occurs to Parliament that the tide of social and public opinion has shifted" toward that?
Posted by lawnetus Icon
Posted on 03/10/2013, 02:24 PM
This is but a set-back not a catastrophe, in my opinion. In all wars, battles have been fought and lost but the proof of the pudding is always who comes out the victor in the end.
Nelson Mandela fought and lost many battles in his war against apartheid in South Africa. He spent at least 2 decades incarcerated but never lost hope. The same can be said of Mahatma Gandhi in his non-violent stand against the oppressive British Raj in India. In the end, both Mandela and Gandhi came out the victors. But, along the way, they did lose many battles. The massacre at the Golden Temple in Amritsar is a case in point. Yet, that sad event did not make Indians lose heart in their fight against the colonial yoke although many innocent civilians had lost their lives.
The same analogy can be drawn in the LGBT community's fight for equality in Singapore. This is but one battle out of many we will have to fight in this war against deliberate and premeditated state oppression.
As the great Mahatma Gandhi once said : "In the end, tyranny and oppression cannot stand up against the TRUTH".

This comment has been edited by lawnetus: 03 October 2013 - 02:30 PM
Posted by lawnetus Icon
Posted on 03/10/2013, 02:31 PM
We will win the war in the end. Believe and it will happen.

This comment has been edited by lawnetus: 03 October 2013 - 02:32 PM
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