Malaysian Official Says Anti-LGBTQ Laws Aren't Strict Enough
Putrajaya, a Malaysian city located south of the capital Kuala Lumpur, is considering even harsher punishments for LGBTQ people than already-existing law, Gay Times reports.
Ahmad Marzuk Shaary, deputy minister of the religious affairs department, said the current laws are not strict enough. Under Act 355, which punishes offenses under Islamic law, offenders face a mandatory caning, a fine, and up to three years in prison.
Malaysia's Syariah Courts are considering possible amendments, such as criminalizing transitioning (for the transgender community) and pro-LGBTQ online content that could be liberally interpreted as "indecent," including, Human Rights Watch states, "images of non-normative gender expression." The deputy minister expressed dismay that internet culture is not punishable by existing Malaysian law.
Neela Ghoshal, Associate Director of the LGBT Rights Program at Human Rights Watch, said, "Malaysia's state and federal statutes that criminalize LGBT people are already out of bounds with regard to international law, and the government seems to be sinking even deeper in its disregard for human rights." Ghoshal argues that instead of implementing harsher penalties, the government should push toward a repeal of the current law.
Same-sex rights and protections — including same-sex relationships and gender non-conformity — do not exist in Malaysia. As Reuters explains, the Muslim-majority country "operates a dual-track legal system, with Islamic criminal and family laws applicable to Muslims running alongside civil laws." Reuters cites an instance in which a woman was arrested for prostitution and received a jail sentence and a caning. Under Malaysian civil law, women cannot be caned; however, such punishment is allowed under Sharia law.
Zaid Malek, director of Lawyers for Liberty, said implementing harsher punishments breach Article 8 of the Federal Constitution, forbidding discrimination based on gender.
The HRC said that the government should "adopt a more compassionate approach by respecting human rights for all." SUHAKAM, the Human Rights Commission of Malaysia, has condemned the proposed amendments to Act 355.
Elsewhere in Southeast Asia, a group of three men in Singapore recently petitioned to overturn a colonial-era law punishing sex between men, which is said to be rarely punished. Still, the LGBTQ community is advocating for change to the current law.