THE Selangor Shariah Court’s sentencing of five men for attempting gay sex will only lead to further injustice and victimisation of sexual minorities, a statement by 28 civil society groups said.

The jail terms and fines handed down by the court to punish the men, who were arrested at a private gathering in November last year, will worsen public perception that lesbian, gay, bisexual and transgender (LGBT) people are “criminals” and bring them further harm and discrimination, the groups added.

“Court decisions like (this) deepen the perception that LGBT people are criminals, which then further sanctions other ways in which this vulnerable, marginalised community experience harm – not only by the state but also at the workplace, by their communities as well as their families.

“These laws not only empower moral policing, raids and arbitrary arrest, but it also allows harmful and violent practices like caning to continue,” they said.

On Thursday, five men were sentenced under the Selangor Shariah Criminal Offences Enactment for attempting to have sexual intercourse against the order of nature.

Four of them were sentenced to a RM4,800 fine, six months imprisonment and six strokes of the rotan. The fifth man was sentenced to a RM4,900 fine, seven months imprisonment and six strokes of the cane.

The groups condemning the sentence said such laws violated rights on equality before the law, on living with dignity, to a fair and impartial trial and on the freedom of movement, all of which were in the federal constitution.

“Given the adverse and long-term impact on the lives of people, these laws must be repealed immediately,” they said, adding that private and consensual sex acts between adults were personal matters that should not be criminalised.

“The state has a duty to protect and promote the human rights and dignity of all people, including people of diverse sexual orientation, gender identity and gender expression, and end all forms discrimination, marginalisation and victimisation.”.

The group also condemned the act of “tajassus” or spying by religious authorities, as the men were arrested in a raid on a private event in an apartment last year.

They also urged the media to report fairly on cases involving LGBT persons and to be mindful that the “language and messaging” used in reports did not bring further danger and threats to sexual minorities. – November 9, 2019.