KOTA BHARU - Lawyers in Kelantan are urging for Section 377B of the Penal Cod to be amended so that sodomy is considered a criminal offence even if it occurs consensually.
The group believes strengthening legal enforcement could help address ambiguities in current legislation.
Kelantan Action Group of Lawyers and Intellectuals chairman Nik Saiful Adli Burhan said the Syariah law for Muslims should also be reinforced to include offences related to same-sex sexual acts.
“There is a need to establish legal provisions that allow individuals involved in homosexual acts to be referred to counselling or treatment sessions, in addition to regular supervision through court orders.
“However, this proposal has previously received criticism from various parties because forced treatment and sexual orientation conversion therapy are considered unrecognised in international health guidelines, including World Health Organisation,” he said in a statement.
He added that the recommendation was made with the belief that enforcement and monitoring measures could curb the development of a culture considered contrary to societal norms in the country.
He also said existing legal gaps must be addressed urgently to give authorities a solid basis for enforcement actions.
Nik Saiful Adli further noted that the recent arrest of more than 171 local individuals during a raid at a male entertainment centre had reopened debate on the effectiveness of legal provisions relating to sexual conduct.
“The case revealed gaps in existing laws, as remand applications for investigations into sodomy offences under Section 377B could not proceed due to the absence of individuals stepping forward as victims.
“Sodomy offences typically require elements of coercion or acts against an individual without consent, making investigations difficult to continue when the acts are carried out voluntarily,” he said.
He said this situation highlights ambiguities that need to be re-examined in the nation’s legal framework.