Exploring The Gender Diversity Gap In Singapore With A Focus On Penal Code Section 337A

In your report you will need to demonstrate a more in-depth review of the topic covered in the group poster presentations.

The key aim is to explore the ‘knowing doing’ gap highlighted in the group poster presentation through a more critical lens. To do this you will need to draw on more diverse literature sources (academic and practitioner literature), as well as produce a more in-depth critique of any supporting case examples.

As part of your analysis you will also need to consider why the ‘knowing doing’ gap exists in the specific area that you have investigated. Here you could refer to some of the general issues relating to the use of evidence-based management in HRM (see paper by Rousseau and Barends (2011) on Moodle). 

Background literature

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.

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). 

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). 

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.

Analysis

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. 

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.

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).

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.

Insight into gender diversity

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 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).

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.

Section 337A of Singapore Penal Code

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 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 19^th century considered homosexuality as a disease, impacting the culture heavily. In the mid 20^th 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).   

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).  

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.

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 society. Provision of equal rights and opportunities would reflect the true essence of diversity. Section 377A of penal code in Singapore has criminalized sex between two males. This limits the rights of the gay people in terms of their freedom. In terms of the conservation and traditional society, this limitation is justified. However, in terms of the advancement in maturity, banning gay sex is unjustified. Banning gay sex has posed a challenge for the LGBT employees in terms of gaining growth and development. This challenge attains a bigger challenge for the companies intending to take the business operations into the global standards.

In order to bridge the gap, the companies can indulge in the activities of career planning. This is irrespective of the identities, beliefs, attitudes of the employees. Setting goals would help in assessing the extent to which success has been achieved. Involving the members of LGBT in the planning process would be effective in terms of undertaking effective decisions. Legislative requirements needs to be equal for both men and women. Therefore, section 377A of penal code does not need any special mention, as it only concerns sexual relation between two men. The assignment pays special attention to section 377A of penal code in Singapore, which deviates from the true essence of diversity. If diversity is to be enhanced till the global standards, then it has to deal with the interest of both the men and women equally. Based on these aspects, Equality Act (2010) can be brought into the scenario. Considering the standards and protocols of the act would help the Singapore government to ensure the wellbeing of the society as a whole.

From the statistical data, it is revealed that women employees are underrepresented. This is an alarming situation in terms of enhancing the gender diversity. Enforcement of section 377A of the penal code in the Singaporean companies would indicate initiatives towards the wellbeing of only the gay employees. This enforcement deprives the wellbeing of the lesbians, who possess rich talents. Mention can also be made of the transgender and the bisexuals within the workplace. The people of the LGBT community needs to be involved more into the decision-making processes. Different and wide ranging projects need to be assigned to these people, in order to assess their capability towards performing the tasks. Strategic planning in this direction would be beneficial in terms of practicing effective talent management.

Indulging in joint venture with the LGBT communities can be one of an efficient steps for enhancing the gender diversity. Group discussions between the members of the companies and gay members can be an effective practices for the managing the talents. However, this would be an addition to the aspect of gay sex, which contradicts the sacred religious beliefs, attitudes and culture of Singapore. As a matter of specification, Singapore culture is characterized as “East meets the west”. In spite of that section 377A of the penal code is implemented for criminalizing the concept of gay sex. This is because it is unacceptable in the religious sentiments. However, according to the cultural definition, this legal enforcement is unjustified, as it limits the scope and arena of the gender diversity.

Plans need to be introduced for providing training to the members. This is in terms of improving their approach towards the members of LBGT community. Herein lays the appropriateness of the considering behavioural theories. Therapies can be applied on the employees for detecting their behavioural tendencies in the given situation. These therapies would be beneficial in terms of excavating the reasons for unusual attractions. Counselling these gay people would be assistance in terms of providing them with the necessary guidance and support. This counselling would be an effective means of managing the talents possessed by these people. This counselling, further, would enable the managers in assessing the risks possessed by these people towards preserving the cultural values proposed in the Singaporean culture.

While counselling the gay people, conscious approach needs to be exposed towards preserving their individual sentiments. Herein lays the effectiveness of Data Protection Act (1998), which would help in preserving the privacy and security of the employees within the workplace, belonging to the LGBT community. While interviewing them, assurance needs to be provided in terms of using their responses solely for the research purposes instead of commercialization. This assurance would generate the feeling that their thoughts, feelings and emotions are valued. On the other hand, if attempts regarding enforcing laws to ban gay sex, then feelings of distrust would inculcate within the member of the LBGT community. This distrust contradicts the cultural values.

Hiring foreign experts for presiding the sessions, discussions and forums would enhance the diversity. Organizing interactive sessions between the experts and the members would act assistance in bridging the knowledge gaps. Involving the members of the LGBT community in these sessions symbolizes diversity. Inclusion of social aspects within the talks would expand the knowledge and thought horizons of the employees. These talks and sessions can be an efficient and effective management of the talents possessed by the employees. Here, the focus needs to be the professional development of the employees, irrespective of their characteristics, ideas, beliefs and thoughts. However, in most of the cases it is seen that members of the LGBT community is deprived of the basic facilities. This approach reflects an immature approach towards the corporate social responsibilities. This immaturity is inappropriate in terms of handling an issues like gay sex, which is high in its intensity. In terms of this type of approach, the weightage of section 377A of the penal code is reduced.

Consideration of the cost is crucial in terms of planning the globalization of gender diversity. This is in terms of stabilizing the financial parameter as well as the economy. Indulging in contract, deals and trades with the members of trade union members would help in coping up with the challenges of high exchange rates and inflation and high prices of labour maintenance. Therefore, constructing budgets would be crucial in terms of enhancing the awareness towards the expenses behind the activities of sessions, protests and campaigns. Conducting market research for this purpose would seem fruitful in terms of practicing diversified talent management.

Along with this, adopting social media marketing would enhance the awareness of the companies regarding the talent pool available. Along with this, social media would increase the trafficking of the talents towards the brand image. Marketing mix would help in determining the prospective talents, which can take the companies to the benchmark level of performance. Developing policies and scholarships for the members of LGBT community would increase the fame and glory of the companies. Considering section 377A of the penal code would align with the standards and protocols of the Ethical Code and Conduct. However, thoughts regarding the acceptance of gay sex needs to be attached for taking the workplace diversity to the global standards.

Offshore management can be conducted in terms of managing the talents of the members of LGBT community. This type of management would widen the scope and arena of business operations of the companies. Career planning would be effective for the gay people in terms of establishing their identities in the chosen field.

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