The Maintenance of Religious Harmony Bill was passed by Parliament in November 1990 to ensure that religion is not exploited for any political or subversive purposes in Singapore.1 The Act provides for the establishment of a Presidential Council for Religious Harmony.2
History
On 9 January 1989, President Wee Kim Wee addressed Parliament and explained the necessity of explicit rules in society regarding religion and politics. He emphasised that religious tolerance and moderation are necessary in Singapore as a secular state, and religion and politics must not mix. On 6 October 1989, Minister of Home Affairs S. Jayakumar said in Parliament that the government would introduce legislation for such rules.3
On 26 December 1989, the White Paper on the Maintenance of Religious Harmony was presented to Parliament, setting out proposals for legislation to maintain religious harmony and establish a Presidential Council for Religious Harmony.4
The public was invited to submit written representations on the Bill,5 and 79 were received and presented to a Select Committee of Parliament for deliberation.6 The Bill was passed on 9 November 1990.7 The Act came into effect on 31 March 1992.8
Rationale for the Act
According to the White Paper, Singapore is not immune to the rise of religious fervour worldwide. Religious groups in Singapore have become more assertive and are competing more intensely for followers than before. This increases the chances for inter-religious friction and misunderstanding in a multi-racial and multi-religious society such as Singapore’s.9
The White Paper identified two vital conditions necessary for religious harmony in Singapore. First, religious followers must exercise moderation and tolerance and avoid doing anything that would cause enmity or misunderstanding between religious groups.Second, religion and politics must be kept separate, because if one religious group became involved in politics, other religious groups could follow suit to protect their own interests. Political parties could also advocate policies that favour one religion over another to garner political support from its followers. These could lead to inter-religious tensions and rivalry, resulting in conflict and political instability in Singapore.10
Legislation enables the government to maintain these two conditions for religious harmony. The government deemed that it was better to implement the legislation while relations between the different religious groups were harmonious, rather than in a scenario where religious groups were suspicious of each other.11
Description
Under the provisions of the Act, the Minister for Home Affairs may issue a restraining order against any leader, official or member of any religious group or institution who causes ill feelings between different religious groups; promotes a political cause; carries out subversive activities; or excites disaffection against the president or the government under the guise of propagating or practising a religious belief. Under the restraining order, the individual(s) may be restrained from addressing any congregation, publishing any publication, or holding office in an editorial board for up to two years.12
A restraining order may also be issued against a person who incites any religious group or institution; or any leader, official or member of a religious group or institution to commit any of the aforementioned acts. It could also be issued against a person who is not a member of any religious group but causes feelings of hatred and hostility between different religious groups.13
Before restraining orders are issued, all facts and supporting documents must be sent to the Presidential Council for Religious Harmony for consideration. Even after the Council supports the recommendation, the elected president will be the final arbiter and must confirm any restraining order issued against an individual. All restraining orders will be published in the Gazette for public scrutiny.14
A person who violates the restraining order may be fined up to $10,000, face a prison sentence of up to two years, or both.15
Amendments to the Act
In response to the growing influence of social media and the Internet, changes to the Act were proposed. The amendment was passed on 7 October 2019 and came into effect on 1 November 2022.16 The amendment included legislation to
Existing Penal Code offences related to religious harmony also comes under the Act, and courts can sentence an offender up to twice (previously 1.5 times) the amount of punishment for any offence under the Penal Code if it was racially or religiously aggravated.17
Presidential Council for Religious Harmony
The Act also provides for the establishment of the Presidential Council for Religious Harmony, which considers and reports to the Minister of Home Affairs on matters affecting the maintenance of religious harmony in Singapore.18 It also makes recommendations on the restraining orders referred to it by the minister.19
Other than the chairperson, the council consists of between 6 and 15 members, who are representatives of all major religions in Singapore and prominent Singaporeans who have distinguished themselves in public service and community relations.20 The council members and chairperson are appointed by the president of Singapore, on the advice of the Presidential Council for Minority Rights.21
Timeline
26 Dec 1989: The White Paper on The Maintenance of Religious Harmony is presented to Parliament.22
15 Jan 1990: The Maintenance of Religious Harmony Bill is tabled in Parliament.23
Feb–Apr 1990: The Bill is committed to a Select Committee of Parliament. A total of 71 written representations are received following an advertisement published in the press inviting written representations on the Bill.24 The Bill lapses when Parliament prorogued on 21 April 199025
Jun 1990: The Bill is re-introduced after Parliament resumes.26
Jul–Aug 1990: Another advertisement inviting written representations on the Bill is published in the press, and eight written representations are received.27
29 Oct 1990: The Select Committee presented its recommendations to Parliament.28
9 Nov 1990: The Maintenance of Religious Harmony Bill is passed by Parliament.29
31 Mar 1992: The Maintenance of Religious Harmony Act comes into effect.30
1 Aug 1992: The first Presidential Council for Religious Harmony is appointed.31
2 Sep 2019: A Bill for Amendments to the Act is tabled in Parliament.32
7 Oct 2019: The Maintenance of Religious Harmony (Amendment) Act 2019 is debated and passed by Parliament.33
1 Nov 2022: The Amendment Act comes into effect.34
Author
Jean Lim
References
1. Zuraidah Ibrahim, “Religious Harmony Bill passed,” Straits Times, 10 November 1990, 1. (From NewspaperSG)
2. “First Religious Harmony Body Appointed,” Straits Times, 2 August 1992, 1. (From NewspaperSG)
3. Parliament of Singapore, Maintenance of Religious Harmony, 26 December 1989. Cmd. 21 of 1989, 1. (Call no. RSING 322.1095957 SIN)
4. Parliament of Singapore, Maintenance of Religious Harmony, 1; Maintenance of Religious Harmony Bill, Explanatory Statement, Bill No. 1/1990, Government Gazette. Bills Supplement, accessed 10 October 2023, https://sso.agc.gov.sg/Bills-Supp/1-1990/Published/19900116?DocDate=19900116.
5. Select Committee on the Maintenance of Religious Harmony Bill, Report of the Select Committee on the Maintenance of Religious Harmony Bill (Bill no. 14/90), Parl. 7 of 1990, presented to Parliament on 29 October 1990, i-ii. (Call no. RSING 322.1095957 SIN); “Page 27 Advertisements Column 1,” Straits Times, 26 February 1990, 27; “Page 32 Advertisements Column 1,” Straits Times, 25 July 1990, 32. (From NewspaperSG)
6. Anna Teo, “More Safeguards Proposed for Religious Harmony Bill,” Business Times, 1 November 1990, 2. (From NewspaperSG)
7. Ibrahim, “Religious Harmony Bill Passed.”
8. “Religious Harmony Act Effective on March 31,” Business Times, 28 March 1992, 2. (From NewspaperSG)
9. Parliament of Singapore, Maintenance of Religious Harmony, 3.
10. Parliament of Singapore, Maintenance of Religious Harmony, 4–6.
11. Parliament of Singapore, Maintenance of Religious Harmony, 8.
12. Ministry of Information and the Arts, The Need for the Maintenance of Religious Harmony Act (Singapore: Resource Centre, Publicity Division, Ministry of Information and the Arts, 1992), 1 (Call no. RSING 322.1 SIN); Maintenance of Religious Harmony Act 1990, rev. ed. 2000, section 8, https://sso.agc.gov.sg/Act/MRHA1990.
13. Ministry of Information and the Arts, The Need for the Maintenance of Religious Harmony Act, 1.
14. Ministry of Information and the Arts, The Need for the Maintenance of Religious Harmony Act, 6.
15. Ministry of Information and the Arts, The Need for the Maintenance of Religious Harmony Act, 1; Maintenance of Religious Harmony Act 1990, section 16.
16. Maintenance of Religious Harmony (Amendment) Act 2019, Act 31 of 2019, https://sso.agc.gov.sg/Acts-Supp/31-2019/.
17. Jean Lau, “Tighter Laws on Religious Harmony.”
18. Ministry of Information and the Arts, The Need for the Maintenance of Religious Harmony Act, 1.
19. Ministry of Information and the Arts, The Need for the Maintenance of Religious Harmony Act, 5.
20. Ministry of Information and the Arts, The Need for the Maintenance of Religious Harmony Act, 5–6.
21. “Presidential Council for Religious Harmony,” President of the Republic of Singapore, last updated 14 September 2023; Maintenance of Religious Harmony Act 1990.
22. Parliament of Singapore, Maintenance of Religious Harmony.
23. Select Committee on the Maintenance of Religious Harmony Bill, Report of the Select Committee, i.
24. Select Committee on the Maintenance of Religious Harmony Bill, Report of the Select Committee, i.
25. Select Committee on the Maintenance of Religious Harmony Bill, Report of the Select Committee, i.
26. “Jayakumar Re-introduces Religious Harmony Bill,” Straits Times, 13 June 1990, 19. (From NewspaperSG)
27. Select Committee on the Maintenance of Religious Harmony Bill, Report of the Select Committee, ii.
28. Select Committee on the Maintenance of Religious Harmony Bill, Report of the Select Committee.
29. Ibrahim, “Religious Harmony Bill Passed.”
30. “Religious Harmony Act Effective on March 31”
31. “First Religious Harmony Body Appointed.”
32. Parliament of Singapore, Maintenance of Religious Harmony (Amendment) Bill, vol. 94 of Parliamentary Debates: Official Report, 2 September 2019.
33. Parliament of Singapore, Maintenance of Religious Harmony (Amendment) Bill, vol. 94 of Parliamentary Debates: Official Report, 7 October 2019; Maintenance of Religious Harmony Act 1990.
34. Maintenance of Religious Harmony Act 1990.
The information in this article is valid as of October2023 and correct as far as we are able to ascertain from our sources. It is not intended to be an exhaustive or complete history of the subject. Please contact the Library for further reading materials on the topic.
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