Personal matters like enticement shouldn’t be part of Penal Code, say women NGOs

Should women also have the right to sue other women for 'enticing' their husbands? – 123rf.com

WOMEN’S rights groups agree that there’s no need for the enticement law to be made gender-neutral, as it should just be struck from the Penal Code.

Also, the organisations believe such personal matters should not be part of Malaysia’s criminal law, which is under the power of the state.

Currently, under Section 498 of the Code, a man who “entices away” a married woman can be punished with up to two years’ imprisonment, a fine, or both.

Amending the law to make it gender-neutral would mean that women could sue other women for “enticing” their husbands, but this is not the way forward, says Women’s Aid Organisation research project manager Anis Farid.

“The core reason why a person would want to take such an action would be because they view their spouse as property that can be stolen.

“It is rooted in a belief that people’s bodies belong to their spouses and their spouses should be entitled to have control over them.

“This is a mindset and belief that we should shift away from. The best option is to completely abolish the law,” Anis says.

She says women’s rights NGOs have previously spoken out against this law because of the way it is discriminatory against women.

“If the government’s intention is to truly protect women, it’s important that the Anti-Discrimination Against Women Bill is tabled as soon as possible,” she adds.

Sisters in Islam communications officer Aleza Othman says some may argue that amending the law to make it gender-neutral would be a step towards equality, but it may not necessarily result in justice being served.

“In fact, it could even be open to abuse by different parties.

“Laws should not be used to regulate personal relationships between individuals as this is not the role of the state.

“The fundamental purpose of laws is to ensure that everyone is given their own rights and is treated equally,” she says.

Aleza adds that the regulation of personal behaviours through the enforcement of the law is an act of moral and behaviour policing which is not in the jurisdiction of the state.

“Rather, the role of the state is to promote the welfare of its citizens and ensure that they are protected from harm and injustice.

“Therefore, by repealing Section 498, it ensures that the law serves its intended purpose of promoting justice and equality for all,” she says.

All Women’s Action Society (Awam) says it is interesting to note that while the government has been making commendable efforts lately to empower women, Malaysia still has Section 498 which ingrains the view that women are the property of their husbands.

“This would hold the government back from their plans to empower women, such as in encouraging women participation in the workforce,” Awam says.

It says while adequate punishment in Section 498 might be relevant in deterring extramarital affairs, it is not proportional to make it a crime.

“Marriage is viewed as a contract between two parties, and a breach of contract is rarely remedied by criminalisation.

“There are other remedies available for parties in court such as compensation upon succeeding on a claim of adultery.

“Moreover, private matters such as marriage should not be governed by the Penal Code as it mainly governs public matters.

“This would raise red flags to the degree of control that the government would have over our private life,” Awam notes.

To better protect women in Malaysia, Awam hopes that the government will conduct round table discussions with relevant groups, individuals, and civil society organisations prior to introducing new amendments to the country’s laws.

“Through this, it will allow us to understand the impact of current laws on women and identify gaps, leading to the creation of more effective laws and policies that address the root causes of discrimination and violence against women,” it says.

It also hopes stricter punishments will be imposed on gender-based violence to serve as a deterrent to potential perpetrators.

“Better support for survivors of gender-based violence should also be provided. The government can do this by providing survivors with free access to counselling, legal aid, and medical services which can aid in their recovery,” says Awam.

Furthermore, our legislature has yet to achieve a democratic system where people from various backgrounds are well-represented, it says.

“In Parliament, the current ratio of male to female representatives sways towards the former.

“This would clearly explain why we still maintain or enact laws that are male-centric, such as Section 498 of the Penal Code.

“Having more female representatives of diverse backgrounds would allow for an array of issues to be raised from different perspectives, especially when there are nuances in the law which particularly or specifically affect women and girls,” it says.