Why do critics want Section 498 to be dismantled?

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Critics Advocate for the Dismantling of Section 498 Due to its Colonial Origins and Perceived Outdated Tenets

Critics are calling for the abolition of Section 498 of the Penal Code, arguing that the law is a relic of the British colonial era and is founded on an antiquated notion of women being the property of their husbands. This section specifically targets individuals outside of a marriage who are accused of enticing a married woman, while not penalising the spouse who may have committed infidelity.
Colonial Legacy and Outdated Beliefs

The primary argument for dismantling Section 498 stems from its origins during British colonial rule. Critics contend that laws established during this period often reflect societal norms and values that are no longer relevant or equitable. The specific criticism levelled against Section 498 is that it is based on the historical belief that a wife is essentially the property of her husband, a concept that is widely rejected in contemporary legal and social discourse.
Unequal Application of the Law

A significant point of contention for critics is the selective nature of Section 498's penalties. The law criminalises the act of enticing a married woman, thereby punishing the third party involved in an alleged affair. However, it does not extend punishment to the married spouse who may have engaged in infidelity. This perceived imbalance in the application of the law is seen as discriminatory and out of step with modern understandings of marital relationships and personal responsibility.
A Recent Application of the Law

The ongoing discussion surrounding Section 498 has been brought to the fore by a recent case in Johor. A policeman is facing investigation under this section following a complaint from a fellow officer in Melaka. The complaint alleges that the Johor policeman enticed the Melaka officer's wife. If convicted, the accused officer could face imprisonment for up to two years, a fine, or both, highlighting the continued relevance and potential consequences of this controversial law.

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Why do critics want Section 498 to be dismantled?

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