Former attorney-general V. K. Rajah's article Section 377A: An Impotent Anachronism (Sept 30, The Sunday Times) contains some contestable statements, while raising interesting constitutional issues about the separation of powers and the court's role in addressing politicised, morally controversial questions.
My argument here is that section 377A of the Penal Code prohibiting sex between men is a law of contemporary relevance and substantive importance. It goes beyond mere symbolism or placating religious views. The policy that section 377A will not be proactively enforced departs from the prior policy of pro-actively raiding gay groups. It falls within the executive's discretion to determine what resources to commit to enforcing various offences.
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