Is 377 Penal Code against the constitution of Malaysia ?

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The colonial master of Britain left nothing for the ex colonies like Singapore, Malaysia, only the painful days for the homosexuals.

Britain has approved same sex marriage but the ex colonies are happily clinking to the old penal code to torture and punish, especially the politicians who do not see eyes to eyes with you.

 https://en.wikipedia.org/wiki/Section_377

Though a few groups of people in Singapore and India challenged the penal code, it is still could not be successfully removed from their respective countries.

It is very strange that Malaysia has many constitution experts,some even teaching in universities but none of them dare to voice out the issue of 377 penal code.

Here is the constitution of Malaysia. Anyone from the legal profession can tell the homosexual community in Malaysia, that weather 377 penal code is against the constitution.

https://en.wikipedia.org/wiki/Constitution_of_Malaysia

Is the 377 penal code against the constitution Article 5 and 8?

 

Article 5 – Right to Life and Liberty

Article 5 enshrines a number of basic fundamental human rights:

  1. No person may be deprived of life or personal liberty except in accordance with law.
  2. A person who is unlawfully detained may be released by the High Court (right of habeas corpus).
  3. A person has the right to be informed of the reasons of his arrest and to be legally represented by a lawyer of his choice.
  4. A person may not be arrested for more than 24 hours without a magistrate's permission

 

Article 8 – Equality

Article 8 by clause (1) provides that all persons are equal before the law and entitled to its equal protection.

Clause 2 states: “Except as expressly authorised by this Constitution, there shall be no discrimination against citizens on the ground only of religion, race, descent, gender or place of birth in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment.”

The exceptions expressly allowed under the Constitution includes the affirmative actions taken to protect the special position for the Malays of Peninsular Malaysia and the indigenous people of Sabah and Sarawak under Article 153.

 

 

 

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