The lawyer also submitted that the provision discriminated against women in marriages because it treated them as their husband's property.
Lawyer Jayarubbiny Jayaraj, whose client is charged with enticing a married woman, argued that Section 498 of the Penal Code violated women's right to equality before the law as the section only accorded husbands the right to initiate criminal proceedings against a person who interfered in their marriage.Jayarubbiny, also submitted that the provision was discriminatory against women in marriages because it treated women as their husband's property and was open to abuse by husbands.
Jayarubbiny, together with lawyers Jay Moi Wei Jiun and Puteri Batrisyia Abdul Latif, are representing a businessman who is referring a constitutional question to the Federal Court on whether section 498 of the Penal Code is unconstitutional as it contradicted Article 8 of the Federal Constitution relating to equality before the law and gender discrimination.
The 53-year-old businessman was charged in the Petaling Jaya Magistrate's Court in 2020 for enticing a married woman in an apartment in Selangor in 2018 after a police report was lodged by the woman's husband. The Shah Alam High Court in March this year had allowed the man's application to refer to the constitutional question to the Federal Court.
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