Malaysia reviews sodomy law enforcement amid Islamist pressure

KUALA LUMPUR – Malaysia is reviewing how it enforces laws banning same-sex activity after the authorities failed to charge about 200 men arrested in a recent raid, a sign of pressure by Islamic parties on Malaysia’s Prime Minister Anwar Ibrahim’s government to enforce religious conservatism.

The men were detained on Nov 28 in a

raid on a Kuala Lumpur wellness centre

that police believed served as a meeting point for sex.

Most were released the next day after a

court rejected the remand application

because it was filed too late. The authorities later said they could not proceed with charges because no one had come forward as a victim.

Home Minister Saifuddin Nasution Ismail said on Dec 2 he was briefed on the case by the Kuala Lumpur police chief and told that existing laws were insufficient for action – an assessment Mr Saifuddin endorsed.

“Is there a need to review the current laws to handle such cases? The answer is yes,” he said, adding that the government would determine the specifics of any revisions.

The police had been investigating the men under Section 377B of the Penal Code, which criminalises “carnal intercourse against the order of nature” and carries a maximum penalty of 20 years’ imprisonment and whipping.

The case comes as Malaysia experiences a surge in religious conservatism.

Mr Anwar has previously said the country would never recognise LGBTQ rights, while the opposition Pan-Malaysian Islamic Party, or PAS, has capitalised on moral issues to win broad support.

Its rise has increased pressure on Mr Anwar’s multi-religious coalition to appeal more directly to the Muslim majority.

Since Mr Anwar took office, the authorities have seized pride-themed watches in raids on Swatch Group’s stores nationwide – prompting a successful lawsuit by the Swiss firm – and cancelled a music festival after two male performers kissed on stage.

The raid on the wellness centre drew widespread attention, with state media reporting that some patrons attempted to flee or conceal their identities but were blocked by officers.

Police said the operation followed two weeks of surveillance conducted with the Federal Territories Religious Department and Kuala Lumpur City Hall.

Rights group Justice for Sisters condemned the raid, saying in a statement that Malaysia’s laws enable government intrusion into private life based on actual or perceived sexual orientation.

Mr Saifuddin rejected that argument, saying privacy protections apply only to acts in the home.

Police, he said, must balance civil liberties with their duty to curb “immoral activities” that “cannot be defended from any religious point of view”. BLOOMBERG