Taiwan is the first Asian nation to legalize same-sex marriage, and Taipei’s Pride Parade has become a symbol of freedom and diversity. However, across the South China Sea, Malaysian police raided a private gay gathering, with more than 100 men taken in for questioning. The legal basis was, once again, Sections 377A and 377B of the Penal Code — the colonial-era prohibitions on “unnatural sex.” To enforce 19th-century morality on 21st century citizens is not only anachronistic; it is a profound violation of basic rights.
Malaysia’s Section 377 was never rooted in indigenous culture or Islamic jurisprudence. It was imposed by British colonial administrators steeped in Victorian moral doctrine. The law criminalizes consensual acts between adults, exposing individuals to imprisonment and even corporal punishment.
More dangerously, it grants authorities sweeping discretion to intrude into private life, enabling public shaming, job loss and family breakdown under the guise of “protecting morality.”
The damage extends beyond the LGBTQ community. Malaysian Prime Minister Anwar Ibrahim was twice imprisoned under Section 377 — cases widely regarded by international observers as politically driven rather than legally grounded. That the same law used to derail a national leader’s career still targets ordinary citizens is a stark historical irony.
Across Asia, momentum has shifted. India struck down its colonial sodomy law in 2018; Singapore repealed Section 377A in 2022; Nepal, Bhutan and Thailand have moved toward greater LGBTQ inclusion. Malaysia remains increasingly isolated, clinging to a colonial statute that perpetuates fear instead of justice.
A modern democracy must safeguard the private lives of adults from unwarranted state interference and reject
humiliation as a tool of law enforcement. LGBTQ people are not criminals, nor a burden to society. They ask only for the right to exist without fear.
As a graduate student at National Chengchi University, I studied alongside many Malaysian peers, including LGBTQ friends who were bright, warm and deeply committed to their country. I hope that when they return home, they will no longer fear police raids or legal stigma for simply being who they are. Malaysians deserves the same dignity and freedom that Taiwanese have chosen to uphold.
Kuo Chang-yi has a master’s degree in law from National Chengchi University.
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