The hospital itself denied speaking to the media about this, saying they would not be so unprofessional as to discuss any individual's case. It didn't stop the pro-government newspaper from publishing it though.

Might Anwar really be homosexual?

Why not? There is no connection, as far as I know, between sexual orientation and other aspects of one's personality, be they political skill, murderous intent or love of animals. Certainly we've had ancient conquerors or modern presidents, prime ministers and military leaders who have been homosexual.

That said, Anwar has consistently denied that he engaged in sexual relations with Saiful (left), or for that matter, with Azizan Abu Bakar, Sukma Darmawan and Munawar Anees with whom he was accused in 1998. So it doesn't serve much purpose to speculate on the truth of the matter.

 
Corrupting the body politic

The nub of the issue is really this: Here is another example of how the social stigmatisation of homosexuality -– and criminalisation through the Penal Code is merely the same stigmatisation writ large -– is used for blackmail. In this case, political blackmail.

In India, policemen in need of some extra earnings, prowl areas where homosexual men are known to cruise for sex, such as railway stations and certain parks. Entrapping them, the officers use the threat of prosecution, and with it, the public disclosure of their sexual activities, to obtain bribes. The result is a cancer of corruption that runs through the Indian Police Force; the practice of blackmail, opportuned by the law, does nothing constructive for the country, but rather, eats away at an important institution.

I would hesitate to say that the same thing doesn't happen in Malaysia. From many reports, Malaysians themselves have a low opinion of their police officers, and certainly petty bribery for traffic violations is said to be the norm. But undeniably, blackmail for being caught cruising is overshadowed by the political use of the same weapon.

As I recounted in the article in Fridae.com, Malaysian Prime Minister Abdullah Badawi has been mortally damaged by the ruling coalition's losses in the March 2008 general election. His departure from office is just a matter of time. In line to succeed him is Deputy Prime Minister Najib Abdul Razak, but the succession will be derailed if Anwar succeeds in getting enough members of parliament to defect to his Pakatan Rakyat.

A majority of Malaysians therefore see the latest allegations by Saiful as a conspiracy to tarnish Anwar to stop him in his tracks, as indicated by a recent survey finding by the Merdeka Centre, which revealed that 59% of Malays (who form about 60% of the country's population) saw the allegations as politically motivated. Only 6% of them believed the accusations of sodomy.

As Joceline Tan from the Malaysian daily The Star, wrote, "Unfortunately, it is no longer about who is telling the truth or who is right or wrong. It is about perception and what people believe or want to believe." [1] 

Indeed, through the use of this charge of sodomy, politics is reduced to smears and prejudicial associations. Rational debate about policy directions and hard governance choices has been pushed aside. The whole process of politics has been corrupted through resorting to mudslinging.

An opening to talk about homosexuality?

Still, you could say, there's a silver lining. If one really wants to talk about homosexuality, one could seize the moment when sodomy is in all the headlines and talk about it more generally. Opportunities present themselves in ways unavailable when national attention is turned elsewhere.

And so, Bernama, the Malaysian news agency, distributed 8 July 2008 an editorial feature by Melati Mohd Ariff titled "Homosexual's life of moral decadence". She -- I think the writer's a "she" – warned her readers that

In the West, the morally wrong and corrupt homosexual act has turned into a sort of plague, spreading its tentacles far and wide, engulfing individuals with the tendency of adopting this immoral self-indulgence.

In the country today, the gay lifestyle is believed to have sprouted rampantly. A point to note is the mushrooming of the gay clubs.

Inevitably, the article turns its attention to anal sex. She quotes Malaysian Muslim Consumers Association (PPIM) secretary-general, Maamor Osman: "There is the rhythmic (intestinal) muscle movement, known as peristalsis. And if this system is disturbed, such as when anal intercourse occurs, it will invite damage to the person's physical, emotional and spiritual attributes."

I didn't realise one's spirituality resided in the rectum.

The Malaysian Islamic Youth Movement (Abim) president Yusri Mohamad said that a homosexual act is a serious immoral and criminal offence.

"There is no difference between a homosexual act and adultery. Hence, severe punishment should be handed down against homosexuals. Prevention and punishment must be executed", said Yusri.

He said the doors that invite people to commit this sin should be permanently closed and sealed.

"Take immediate action against centres or clubs where the homosexuals gather, like revoking the operating license.

"Websites and magazines that may have rooms for homosexual-oriented messages should be monitored and action taken against them," he said.

Melati then quoted Malaysian Hindu Sangham president A. Vaithilingam calling on parents to exercise caution ... to prevent their children from being trapped in the homosexual clutches. The community should be exposed to education and counselling on the homosexual topic to create awareness among the public on the ills and evils of this felony, he said.

Concluding, she editorialised,

Clearly, the homosexual phenomenon is against the human natural behaviour and should be swiftly and firmly dealt with.

 
The Penal Code

Of course, pro-gay voices can take advantage of the topicality of the issue as well. A letter from someone using the pseudonym of "Nellson" was published in Malaysian online newspaper Malaysiakini on 3 July 2008. Titled, " Heinous vilification, persecution of homosexuals", he wrote,

Gay people have no one to speak up for them in Malaysia. Without any public discourse on the subject of equal rights for homosexuals, there is little opportunity for changing the attitudes of the public or government authorities.

Therefore, since homosexuality is considered an affront to Islam, any news relating to gay and lesbian rights, especially including calls for ending discrimination against homosexuals, is suppressed.

Further on,

The extensive publicity regarding government condemnation of homosexuality has sent the message to the police and others that persecution of homosexuals is acceptable. All my recent research shows that conditions for homosexuals in Malaysia are quite precarious. Things are getting worse rather than better, and there is no evidence of any turnaround potential for the forseeable [sic] future.

The negative attitudes, discrimination and persecution being experienced by Malaysian gay people today is a direct result of religious attitudes and governmental policies. Defining homosexuality as criminal 'sodomy,' imprisonment, censorship of media discussions of the issue, and police oppression, together constitute a pattern of government-sponsored persecution that is impossible to deny.

However, what intrigued me most about his letter were his references to Malaysia's Penal Code. He said,

In Malaysia's Penal Code Section 377, the sentence for conviction of sodomy is flogging, plus up to twenty years in prison.

Further on,

In addition to Section 337 [sic], just to prevent any homosexual from escaping conviction, Section 337A provides for a male to receive up to two years in prison for any act of 'gross indecency with another male person.' This vague wording allows prosecution for any kind of erotic interaction between two males. This law is explicitly applied only to homosexual behavior among males, but lesbians also suffer discrimination.

I feel for him, but I had good chuckle reading this, for his references are wrong. Malaysia's Penal Code is numbered differently from Singapore's. He mistakenly cited the clauses from Singapore's (pre-amendment, October 2007) Penal Code, in which Section 377 indeed criminalised "carnal intercourse against the order of nature" and 377A criminalised "gross indecency" between two males.

The Malaysian Penal Code reads differently:

Unnatural Offences

377.Buggery with an animal.

Whoever voluntarily has carnal intercourse with an animal shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to fine or to whipping. Explanation

Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.

377A.Carnal intercourse against the order of nature.

Any person who has sexual connection with another person by 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.

377B.Punishment for committing carnal intercourse against the order of nature.

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.

377C. Committing carnal intercourse against the order of nature without consent, etc.

Whoever voluntarily commits carnal intercourse against the order of nature on another person without the consent, or against the will, of the other person, or by putting other person in fear of death or hurt to the person or any other person, shall be punished with imprisonment for a term of not less than five years and not more than twenty years, and shall also be liable to whipping.

377D. Outrages on decency.

Any person who, in public or private, commits, or abets the commission of, or procures or attempts to procure the commission by any person of, any act of gross indecency with another person, shall be punished with imprisonment for a term which may extend to two years.

377E.Inciting a child to an act of gross indecency.

Any person who incites a child under the age of fourteen years to any act of gross indecency with him or another person shall be punished with imprisonment for a term which may extend to five years, and shall also be liable to whipping.

As you can see, in Malaysia the sodomy law is numbered 377A and 377B. Oral and anal rape, regardless of gender, comes under 377C. Gross indecency is numbered 377D, and you will notice that unlike Singapore's case, the Malaysian version applies to women too.

Poor Nellson. In trying to do his research over the internet before typing his letter to Malaysiakini he must have found tons of stuff about Singapore's Penal Code, but virtually nothing about Malaysia's. He probably assumed that the laws were the same.

In some ways Singapore punches above its weight. Our government likes to boast that small though we may be, our strong economy, efficient and incorruptible government... blah, blah blah... make Singapore an example that people notice.

© Yawning Bread