377A – Homophobic or Racist Intentions?

The main controversy surrounding 377A has always been centred around its homophobic nature. Often referred to as the act against gay sex, the act regulates male homosexual conduct and criminalises acts of “gross indecency” between male individuals, regardless of whether the act takes place or not. However, how and why did 377A come about, owing to the fact that the act has been in existence since 1938 – way before Singapore gained its independence?

The irony of 377A lies in the fact that the act does not criminalise the actual act of penetrative sex between male individuals. Rather, the act is an extension of the now-repeated section 377 – which criminalises penetrative sex acts that are against the order of nature with any man, woman or animal. 377A extends the coverage of 377 by criminalising non-penetrative sex of a grossly indecent nature. With the original 377 act repealed in 2007, why is there still a need to maintain 377A in society? To do so, we revisit the origins of the enactment of the act back in 1938.

As history tells us, 1938 colonial Singapore had a hierarchy of races – with Whites ranked above Asians – Chinese traders, Indian labourers and Malay natives. Unlike the majority of Europe and Great Britain, homosexuality was not outlawed in Asia. As it turns out, Asian mythology and folklore had a higher acceptance of homosexual relations and activities, resulting in the flourishing of homosexual prostitution alongside heterosexual brothels and the like. The patronage of prominent European officials to male brothels sparked panic amongst the governing circle in Singapore, with the main worry being that White supremacy was being undermined by Asian male prostitutes and debauchery. Act 377A was thus introduced to curb interracial male prostitution to protect the fragility of White supremacy.

Today, while racism arguably still remains in Singapore, the notion of White supremacy has by and large eroded. Yet, 377A remains as a callback to Singapore’s colonial past, evoking the ire of the LGBT community. Will Singapore progress past this, only time will tell.

21 January 2021 · isabellalok2018 · Other Story