Amnesty International Malaysia described the Federal Court's decision to strike down a provision of the Selangor syariah law on "unnatural sex" as a watershed moment in the struggle for equality in Malaysia.
However, its executive director Katrina Jorene Maliamauv said LGBTI people remain unequal in the eyes of the law as Section 377A, which criminalises homosexual acts, remains in the Penal Code.
LGBTI stands for Lesbian, Gay, Bisexual, Trans, and Intersex.
"It’s important to note that LGBTI people continue to be criminalised under the law, while discrimination, hate, and even violence continue to place LGBTI people at a heightened risk of physical and psychological harm.
"We, therefore, urge the federal government to repeal Section 377A urgently.
“We hope today’s decision moves us towards a Malaysia where everyone, regardless of gender and sexual orientation, has the same rights as other Malaysians under our Constitution," Katrina said in a statement.
Today, the nine-person bench of the federal court unanimously allowed a man’s legal challenge against Section 28 of the Syariah Criminal Offences (Selangor) Enactment 1995.
This was on the grounds that the matter falls under the jurisdiction of federal and not state laws.
Katrina highlighted that while the decision was based on the law in Selangor, other states carry similar enactments that would be similarly unconstitutional which now must also be repealed.
Gay rights activist Numan Afifi also applauded the Federal Court's decision on the case.
“We are extremely pleased with this historic development. It marks monumental progress for LGBTI rights in Malaysia. We have worked hard for so many years to live in dignity without fear of prosecution,” said he said.
On the other hand, Muslim Lawyers Association of Malaysia President Zainul Rijal Abu Bakar expressed his concern with the decision as the position of syariah law concerning sodomy in other states would be affected.
"This is so disappointing," he said.
Zainul said although the court only struck down Section 28, it opened up the possibility for other syariah provisions to be challenged in the future," he said in a Facebook post.
Meanwhile, Malaysian Bar president Salim Bashir said everyone is equal before the law and there should be no discrimination based on religion.
"Everyone should be entitled to the same legal processes and penalties under criminal law.
"Article 8 of the Federal Constitution stipulates that all persons are equal before the law and are entitled to equal protection, and this principle must be upheld," he said in a statement.
Parti Sosialis Malaysia (PSM) stated that Section 28 was needlessly used as an oppressive tool by the state to criminalise sexual orientation of the LGBT community in Malaysia.
"PSM is encouraged by the Malaysian LGBT community and their struggle to attain their rights not to be discriminated against just because of their differences in sexuality and gender.
"The struggle of the LGBT community in Malaysia is a struggle that also ensures equal rights, justice, and freedom to all Malaysians, to everyone who lives in a country we call ‘merdeka’ or free," its statement read.
It added that the federal court's decision is a reminder to all Malaysians, regardless of background, to stop criminalisation and end discrimination against the LGBT community. - Mkini
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.