Op-ed: Malaysia's criminalization of homosexuality and public caning violate constitution

By Saif Bhatti and Khairul Anwar Hairudin, 6 September 2018
photo credit: Bentley Smith/flickr
photo credit: Bentley Smith/flickr
Laws criminalising consensual homosexual activity violate the accused persons right to privacy. The right to privacy is not an enumerated right but is implied in Article 5 of the Federal Constitution which guarantees that no person shall be deprived of his right or personal liberty save in accordance with the law. In Sivarasa Rasiah v Badan Peguam Malaysia, the Federal Court speaking through Justice Gopal Sri Ram, was of the view that the phrase “personal liberty” includes the right to privacy. This was affirmed by the Court of Appeal speaking through Justice Hishamudin Yunus in his celebrated judgment in Muhamad Juzaili bin Mohd Khamis & Ors v State Government of Negeri Sembilan & Ors.
Read the full article here: Free Malaysia Today


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