Singapore's highest court on Monday (February 28th) dismissed a challenge to the law banning sex between men while calling it '
unenforceable
', but gay rights campaigners have vowed to fight for repeal of text.
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Singapore Court of Appeal judges dismissed an appeal against a High Court ruling in 2020, saying there was no need for them to rule because the activists who took the case to court “
do not face a real and credible threat of prosecution
”.
They went further than previous cases, however, pointing out that the law was upheld because of its “
symbolic weight
” but on the basis that it “
would not be proactively enforced
”.
Up to two years imprisonment
The law “
is unenforceable unless and until the (Attorney General) of the day provides clear notice
” that he decides to enforce it, they added.
The law, a holdover from British colonial rule, provides for a maximum sentence of two years in prison for homosexual acts.
It is not enforced in practice but activists say it still denies members of the gay community their rights, despite the city-state's increasingly modern culture.
Several attempts to have this text annulled have failed in recent years, contrasting with the situation of homosexual rights elsewhere in Asia, such as Taiwan or India.
Roy Tan, a retired doctor and one of the three activists behind the constitutional complaint, welcomed the fact that the law was declared "
inapplicable
".
But he felt that this did not go far enough because the text "
remains in force, which clearly indicates to society that homosexuals are still criminals, even if they are not prosecuted
".
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Roy Tan has announced that he intends to file new appeals.
“
We are shocked and disappointed by the judgment
,” reacted Bryan Choong, another activist behind the appeal.
This decision "
does not mean that our work to make Singapore a more inclusive and tolerant society will stop
", he added.
Authorities say most socially conservative Singaporeans would oppose the repeal of the law.