Monday, February 15, 2010

Act 377, Malaysian Penal Code

They say the danger heightens the pleasure.
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The provisions of the penal code that criminalizes oral and anal sex are as follows: (*1)
377A. Any person who has sexual connection with another personby 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.

Punishment for committing carnal intercourse against the order of nature.

377B. 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.

(note: A copy of the penal code is available at Popular bookstore, City Plaza branch)

Part/clause/subdivision/article (whatever it's called) C, D, E are omitted.
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Below this are just my opinions. I welcome you to be skeptical and go verify the claims:

The law is derived from our colonial master, the United Kingdom. The law was enacted there on 1885, although provisions on "buggery" had been existent since earlier times.

During the era of colonisation , the law was introduced into the legal systems of the British colonies, including but probably not limited to, India, the Gays Straits Settlements and Hong Kong. In fact, the acts which provides for the punishment of "carnal intercourse against the nature" under the modern penal codes of India, Malaysia and Singapore respectively are numbered 377.

Recently, 377 has become a familiar number to some of us who follows the news due to the prosecution of Malaysian Parliament Opposition Leader, Anwar Ibrahim under act 377B.
Notwithstanding the prosecution of Anwar Ibrahim and regardless of how we all love oral, it is worth reminding Chuah Soi Lek and probabthat having his penis in woman's mouth is a crime under Malaysian Law. So far, I have not heard of any news that Chuah Soi Lek has been prosecuted.

It is equally worth noting that at present, oral and anal sex between consenting adult man and woman is no longer criminal in the Republic of Singapore, although legally it still is if done between two men, even if consent is given. Nonetheless, I believe it has been reported that the government's stand is to no longer prosecute consenting adults on "carnal intercourse". The has been campaign that aims to repeal the act.

On July of 2009 in India, the High Court of Delhi ruled that "Section 377 of Indian Penal Code, insofar it criminalises consensual acts of adults in private, is violative of Articles 21, 14 and 15 of the Constitution" -- in other words --- unconstitutional.

Since 1991, homosexual intercourse is legal in Hong Kong. Before this, male homosexual intercourse was illegal, with the maximum sentence being life imprisonment. The Legislative Council agreed to decriminalize "buggery" after the public debate that arose in the 1980s.

As for the United Kingdom, our shared colonial master, the act was repealed in the 60s following the recommendation of the Wolfenden Report.

God bless Malaysia.
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An enjoyable read on the absurdity of sodomy laws, from a post-colonial view point:
(ok i'm just trying to make it sound deep, lol)

Buggered by the Victorians. by Farish Noor.
http://www.othermalaysia.org/2008/07/17/another-trial-for-malaysia/

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