KUALA LUMPUR – The Federal Court’s decision to declare void Section 28 of the Shariah Criminal Offences (Selangor) Enactment 1995, criminalising “unnatural sex”, not only has a positive impact on the lesbian, gay, bisexual, and transgender (LGBT) community, but also Malaysia as whole.
Local LGBT content portal Queer Lapis said Section 28 has often been used against marginalised and persecuted communities on the basis of sexual orientation and gender identity.
“The judgment provides justice for them (LGBT individuals), and clearly upholds the democratic principles that underpin the primacy of the federal constitution,” it said in a publication yesterday.
Discrimination against minorities has resulted in some members of the community taking life-threatening risks to avoid arrest and humiliation.
Gay rights activist Numan Afifi said he is extremely pleased with this historic development.
“It marks a monumental progress for LGBT rights in Malaysia.
“We have worked hard for so many years to live in dignity without fear of prosecution.”
Diversity Malaysia member Chong Yee Shan said at first, he was worried that the judgment will be detrimental to the LGBT community, but when it was announced, he found it empowering.
“At first, I was very nervous and worried that the decision will not be in favour of us, but the final result was exciting.
“I think this decision is absolutely empowering, it will definitely empower the minority community in Malaysia.
“This decision reminds everyone that LGBT individuals are humans, too, like every other person here.
“We deserve for our basic human rights to be protected in our country.”
Chong said the apex court’s decision encouraged the LGBT community to continue its journey in reclaiming its rights.
“Much thanks to the legal team, non-governmental organisations and volunteers who have put in a lot of effort into this.”
Yesterday, the Federal Court unanimously declared that Section 28 of the Shariah Criminal Offences (Selangor) Enactment 1995 is inconsistent with the federal constitution and, therefore, void.
The nine-member panel was deciding on a motion brought by a man in his 30s contesting a Selangor shariah law provision on sexual intercourse against the order of nature. – The Vibes, February 26, 2021
