Equality v the crime of enticing a married woman

 

The High Court has allowed an application by a 54-year-old man to refer his case to the Federal Court for a constitutional decision.

SHAH ALAM: The High Court has allowed an application to seek a Federal Court decision to determine whether the offence of enticing a married woman is constitutional.

Judicial Commissioner Julia Ibrahim held that there was merit in an application brought by a 54-year-old man accused of the offence. The man contended that the offence, under Section 498 of the Penal Code, may violate the equality clause in the Federal Constitution.

His lawyer Jayarubbiny Jayaraj told FMT that the High Court will refer the matter to the Federal Court for a hearing to be fixed.

Enticing, taking away or detaining with criminal intent a married woman is an offence under the Penal Code punishable with a jail term of up to two years or a fine or both.

In a submission on the application today, Jayarubbiny had contended that Section 498 is archaic, paternalistic and infringed on women’s autonomy and dignity.

Her client had been charged with the offence at the Petaling Jaya magistrates’ court in 2020 after a report was lodged by the woman’s husband. - FMT