Singapore's Gender Diversity: Critical Analysis of Section 337A Code

This report critically examines gender diversity in Singapore, focusing on the implications of Section 337A of the Penal Code, which criminalizes male sex. It highlights the underrepresentation of women in corporate statistics and the challenges faced by the LGBT community. The analysis includes a review of relevant literature, legal parameters, and theoretical considerations such as social role theory. The report also discusses the impact of discriminatory laws on the mental and social well-being of LGBT individuals and proposes recommendations for improving their quality of life through care and support rather than solely focusing on legalizing same-sex relations. It also touches upon the importance of corporate gender diversity and its correlation with better decision-making and return on investment.

Running head: GLOBAL GENDER DIVERSITY
Global gender diversity of Singapore (Section 337A Penal Code)
Name of the student:
Name of the university:
Author note:

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Executive summary
Gender diversity can be correlated with the aspect of talent management. Provision of equal
opportunities to men and women is the medium through which diversity is enhanced. As per
the statistics of World Economic Forum, most of the companies have underrepresented
women. This reflects the issue of gender inequality. This assignment brings this
underrepresentation into the limelight, which has aggravated the challenges in terms of
practising effective talent managing. Legal parameters finds its applicability in the
assignment through 377A penal code, implemented in Singapore. The law criminalizes male
sex, limiting the gender diversity. Protests, rally and social media campaigns unveils their
privacy, resulting in depression. This is the time, when they search for an escape. In this
assignment, innovative thinking has been incorporated for enhancing the quality of lifestyle
of gay people. Instead of legalizing the matters, the need of the hour is to provide adequate
care and support to these people, so that they can expose their talents and attain success.

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Table of contents
Introduction................................................................................................................................3
Background literature.................................................................................................................3
Analysis......................................................................................................................................6
Insight into gender diversity...................................................................................................6
Section 377A of Singapore Penal Code.................................................................................7
Critical analysis......................................................................................................................8
Theoretical considerations...................................................................................................11
Social role theory.................................................................................................................11
Limitations...........................................................................................................................11
Conclusion and recommendations...........................................................................................11
References................................................................................................................................16
Bibliography.............................................................................................................................18

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Introduction
According to the revelations of World Economic Forum, women face
underrepresentation in the business statistics. This constitutes half of the labor workforce.
The experts believe that bridging the corporate gender gap would adversely affect the world’s
economy. Companies dealing with gender diversities focus on introducing policies with
lower returns on volatility (Weforum.org 2018). This assignment would focus on the global
gender diversity of Singapore with special focus on the penal code of section 337A. Along
with this, the assignment would propose recommendations for upgradating the standards
and quality of lives for the gay communities.
Background literature
Corporate gender diversity assists the companies and organizations to achieve high
customer satisfaction through retention policies. Along with this, diversity in corporate
culture broadens the scope and arena of the businesses. This diversification brings innovation
within the business operations. Inclusion of the stakeholders and shareholders within the
meetings and open forums improves the decision-making process. Statistical data reveals that
diverse teams, leading to inclusive decision making have resulted in the achievement of better
outcomes (Weforum.org 2018).

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Figure 1: Diverse team decision making process
(Source: Weforum.org 2018)
The males devote 58% of their times in making decisions. On an average, 66% of the
total available time is devoted by the team in decision making. Chances are 73%, when a
better decision is undertaken upon the consideration of gender diversity. The above figure
also reveals that conglomeration of age and gender diversity increases the chances of
undertaking better decision upto 80%. According to the figure, conglomeration of age, gender
and geographic diversity increases the chances of undertaking better decisions to 87%.
According to the annual reports of business analytics (2015-2017), most of the decisions
undertaken by the diverse teams were managerial and executive (Weforum.org 2018). These
decisions were well defined and structured, which enhanced the vision towards productivity.
Mention can also be made of the promising benefits in terms of the linkages between
gender diversity and return on investment (ROI).
Figure 2: Average Relative returns and Return on Investments
(Source: Weforum.org 2018)

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The above figure reveals the data related to the relative returns ad return on
investments. Higher gender composition is equal to better average relative returns. In case of
top-third, 2% of equity returns is registered. In the middle third, -0.4% of equity returns is
recorded and bottom third accounts for-1.8% of the equity returns. The percentage in the
values reveals the percentage of the women employees, symbolizing diversity. Consideration
of goal setting theory assists the companies in aiming high. According to Weforum.org
(2018), companies with 30% of the women executives earned profits rating up to 6% points
in the profit margin. The statistics also reveal that women have performed better in terms of
the board panel decision-making. As a matter of specification, 36% of the decisions have
proved to be effective, when the session was headed by women members in the panel.
Correlation between the relative returns and returns on investment does not equal
causation. According to the research, commitment towards gender diversity makes noticeable
contribution towards the success of the companies and organizations. Example can be cited of
companies like Equileap, which is a non-profit organization, ranking along with 1000 North
American large cap companies. However, Bonache and Zárraga-Oberty (2017) proposes that
the aim of these companies is to expose commitment towards the accelerating the gender
equality within the workplace premises. Example can also be cited of companies like Alcoa,
which has received high ratings for commitment towards LGBT employees according to
Human Rights Campaign Corporate Equality Index 2017. Companies like Adobe, which aims
to close the gender gap among the employees by the end of the fiscal year (Weforum.org
2018).
Along with this, Scotiabank can also be referred, where advertising campaigns are
organized for prioritizing gender inclusion. Reference can also be cited of Enbridge, which
emerged successful in maintaining the consistency in diversity among the employees.

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Figure: Gender gap Index of Equileap and MSC North American countries in
(Source: Weforum.org 2018)
The above figure projects intense competition between Equileaps and MSC North
American Companies. This is in terms of including diversity a priority within the employees.
Considering the bottom line, opportunities for investing in gender diversity are increasing day
by day. In this, the prospects are not only social, but also financial. This is in terms of high
financial returns.
Analysis
Insight into gender diversity
According to Diversity Action Committee’s report, the representation of women in
the boards of top 100 listed companies has increased to 12.2%, which is 2% hike in the total
representation of women in the companies (Weforum.org 2018). Absence of international
capital markets is an issue within Singapore Board’s gender diversity. The major drive behind
this is negligence towards taking concerted efforts and stakeholder intervention. These issues
have compelled BoardAgender and People’s Action Party to introduce Singapore Code of
Corporate Governance. Within this, mention can be made of Section 337A of Penal Code,
which states that sexual relationship between consenting adult is a crime (Agc.gov.sg 2018).

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Section 377A of Singapore Penal Code
In the context of Singapore, section 337A stated that indulgence into physical
intimacy provides a different connotation to fellatial attraction. The section of the Penal
Code also states that limited intercourse would be accounted as an offence. As per the
revelations of Agc.gov.sg (2018), the law is inapplicable in case of mutual consent between
the people involved in the intercourse. The revised version of the law considers sex with dead
bodies as a heinous crime.
As a matter of specification, the sectional code was introduced in Singapore in the era
of 1938 for criminalizing different forms of penetrative sexual acts between men. The revised
version of the section code finds its etymological origin from Labouchere Amendment.
Section 377A mainly deals with outrages on decency. According to the sectional code, any
male person, indulging in gross indecency with another male person, would be awarded
imprisonment. The time period of this imprisonment can be 2 years, depending on the
intensity of the indecency (Agc.gov.sg 2018). The revelations of Channel News Asia add to
the verdict against gay people. Critics in these revelations project the negligence of Singapore
and Indians in terms of preserving the traditions of conservative society. Intervention of the
activists into the action enhanced the awareness about the issue. Example can be cited of
Whatsapp warnings regarding acceptability of gay marriage (Channelnewsasia.com 2018).
On the other hand, Straitstimes.com (2018) projects Ambassador Tommy Koh’s
encouragement towards gay community restored the revolution against the issue of banning
of gay sex. Koh’s comment reflects his confidence regarding challenging the Singapore
constitution. There were series of criticisms in favour and against Koh’s comment. For the
members of LGBT community, Koh’s comment acted as an empowerment for fighting
against the decision of gay sex being a crime. Typical evidence of this lies in the Pink Dot
rally and its advertisements of social media. These advertisements contradicts the privacy of

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and individual security of the people. Along with this, mention can be made of the interview
provided by Mr Leow, executive director of Oogachaga, an organization working with the
LGBT community. He is grateful to Koh for such motivating comments.
Leow is of the view that section 377A of the penal code in Singapore accepts the
unequal treatment of the members of LGBT community. The major drive behind this is the
inactive approach of the statutory bodies towards its proactive enforcement (Straitstimes.com
2018).
Critical analysis
Section 377A of Singapore Penal code considers sex between males as a heinous
crime. This excludes the women sex, reflecting incompleteness. Gender indicates both the
males and females. Viewing it from the other perspective, gay sex takes the normal creation
into a different level. Protests against this type of relation are obvious in terms of the
traditional and conservative society. These protests can be controlled through the
enforcement of verdicts like bans. However, Khilji, Tarique and Schuler (2015) is of the view
that the impulses and urge of the people are uncontrollable. The mind and body of a person
can be evoked under various and different and wide ranging circumstances.
Within an environment of harassments, discrimination and conflicts, the persons feel
the urge to do something, which is beyond his known domain. Allowance in this direction
might not be acceptable at all times. However, in terms of the advancing maturity of thought
process of the people, allowance can be provided. For example, homosexuality is considered
as one of the normal versions of adult sexuality. Therefore, homosexuals have full right of
claiming their dues of love, care and support. These claims have result in the creation of a
rich psychological society (McPhail, McNulty and Hutchings (2016). Data reveals that
discriminatory laws, like that of section 377A, deprive over 1000 of LGBT community

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members of their basic rights. This deprivation adversely affects their mentality and social
wellbeing (Weforum.org 2018).
According to the definition of gender diversity, identity, beliefs and attitudes of the
individuals take a backseat. This also includes transgender, who are normally excluded from
the mainstream gender system. According to the Human Rights framework, sexual diversity
differs in its type but is tied up in terms of rights, liberties and opportunities. Narrowing down
the vision to Singapore, transgender people constitute an important part in the history and
culture. However, gay community considers themselves as a separate entity, even from the
transgender. These subcultures are the symbols of diversified concerns and priorities.
2009 was the era when LGBT right initiated in the threshold of Singapore. However,
with the advancement of civilization, acceptability and tolerance towards gay marriage have
increased among the young people. The major drive behind this can be education, which have
broadened the thought processes (Agc.gov.sg 2018). Section 377A of penal Code can be
considered as an addition to the deprivation of the homosexuals from their basic rights.
Herein behavioural theories can be related, which is elaborated in the following paragraph.
Ancient literature exposed a negative approach towards homosexuality. According to
psychologists, homosexuality is a disorder, as it is an action, which deviates from the
acceptable norms. Thinking something out of the box adds innovation to the thought process
of the individuals. However, if the thought is unacceptable to the society, then the innovation
holds no value. Theorists in the 19th century considered homosexuality as a disease,
impacting the culture heavily. In the mid 20th century, psychiatrists came up with the
solutions of therapies, which were aimed towards providing an escape to the homosexuals in
terms of freeing their selves (Low, Roberts and Whiting 2015).

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Psychologists like Freud, expressed tolerance towards homosexuality. He was aware
of its unacceptability within the society; however, he also feels that attraction towards the
people of the same sex is unavoidable for some people.
As per the opinions of Agc.gov.sg (2018), Homosexuals also define the attraction
between females, termed as lesbians. However, section 377A of Penal Code is applicable
only to the gay men. Exemption of the females contradicts the true essence of the term
diversity. Delving deep into the issue, lesbianism is also unacceptable within the society, as it
is against the rules of creation. If LGBT community is considered as a whole, it comes under
gender diversity. However, when homosexuals are considered, it is referred to a selected
community, which contradicts the diversity but it constitutes the attitudes of the female. It
reflects grouping in terms of their attraction towards the same sex.
Protests of events like ban on gay sex snatch away the right to speech from the
people. Bans on such activities add doubts on the role of the Singaporean government and the
statutory bodies in terms of preparing the frameworks. Here, section 377A of the penal code
attains a negative connotation, empowering the gay people (Agc.gov.sg 2018). Exemption
from the vocal representation of the Parliament contradicts the gender diversity in case of the
LGBT community. Such bans are a challenge towards effective management of the mobility
talents. According to the critics, global mobility aligns with preparation of agenda and plans
for workforce planning. However, lack of adequate support has compelled the companies in
taking the human resource management to the global standards. Typical examples can be
social exclusion of the LGBT employees, due to unacceptability in the society (Bragg,
Renold, Ringrose and Jackson 2018).

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Theoretical considerations
Social role theory
Social role theory affirms with the fact regarding the projecting of stereotypical roles
in case of the men and women. This brings behavioural theory into the discussion. In case of
the gay people, it is obvious that they would get attracted to the same sex people. Aligning
with the opinions of McPhail, McNulty and Hutchings (2016), this aligns with the freedom of
expression possessed by the public. If their freedom is snatched in this context, it would add
vulnerability into their existential struggles. This vulnerability adds doubts over their roles
within the society.
Limitations
The previous researches have exposed a negative approach towards the plans of
banning gay sex. Protests for freedom of the gay sex has gained limelight in the literature
review. However, there is a lack of alignment with the aspect of gender diversity and talent
management. Gender diversity gaps have added to the complexities of the LGBT members in
exposing their talents (Khilji, Tarique and Schuler 2015). These complexities are obstacle in
the path of their growth, development and maturity. Legal parameter is one of the means
through which these complexities and obstacle are mitigated. However, absence of strategic
planning raises doubts over the attempts. Moreover, time and financial constraints makes it
difficult for the researcher in terms of carrying out quality research on the global gender
diversity.
Conclusion and recommendations
Diversity can be brought into the society, if equal opportunities are provided to men
and women. Along with this, the members of the LGBT community also need to be
supported with all the fundamental rights, so that they can feel themselves one with the