The pervasive issue of abortion

Should anachronistic laws be challenged?:

by Indeewara Thilakarathne

Abortion is a controversial issue and also an ethical issue from the religious perspective. Although large numbers of illegal abortion clinics are in operation in major cities and suburbs, hygienic standards and qualifications of the staff in those so called clinics are often unknown as well as the methods used for aborting the foetus are shrouded in secrecy.

In an earlier article, the issue of illegal abortions was highlighted together with an inset on the legal position with regard to abortion in Sri Lanka.

An informed reader has pointed out in a letter that only one reason set out in the inset legalises termination of pregnancy while the others, though prohibited by law, also seek termination of pregnancies on reasonable grounds, which they feel are justifiable.

The concerned citizen and medical doctor, has further pointed out the fact that the law does not state in words anywhere the factors that endanger the life of the pregnant woman.

There is absolutely no qualm about the glaring lapses in the existing laws with regard to termination of pregnancy as they were relicts of the British and formulated against the backdrop of Victorian society and are out of tune today with the complex and fast moving contemporary lifestyles and allied social ethos.

It has also been stated that dangers associated with termination of pregnancy are immediate, potential, physical and mental and the law does not take these factors into consideration on determining an abortion. It is common sense that if the life of a woman in danger should be determined by a doctor or a gynecologist and not by any other person.

One of the important aspects that have been pointed out was that the laws should be made for the greater good of the public should also ensure the well being of the public as it should not be vise versa.

Priority should be given to physical and mental well-being of a woman and the termination of pregnancy on request by a woman on reasonable grounds such as Puerperal Depression and Psychosis (a condition developed following pregnancy).

This condition has the potential of leading to suicidal and infanticide tendencies with subsequent pregnancies. However, the existing laws have not taken these medical aspects of termination of pregnancy into consideration.

Termination is also illegal on the grounds of fetal abnormalities and impairments and in instances relating to rape/incest and socio-economic as well as unwanted and unexpected pregnancies.

Against this back drop, a pertinent question is to be raised whether these unhygienic abortion clinics operated by quacks should be allowed to continue or whether legislative amendments should be brought about, considering the modern requirements of abortion, and what sort of measures the authorities should take to set minimum hygienic standards for carrying out such termination of pregnancies (by law).

Indian position with regard to abortions

Compared to Sri Lankan law with regard to the termination of pregnancy, Indian laws governing the termination of pregnancy are far more progressive and comprehensive than the existing Sri Lankan laws which are relicts of the British, drafted to suit the socio-economic conditions prevailed at the time.

In Indian law, India Medical Termination of Pregnancy Act of 1971 has also specifically required a doctor or doctors performing the surgery to fill a certificate stating the qualifications of the doctors.

Though India Act of Termination of Pregnancy should be a blueprint for possible amendments of Sri Lankan laws regarding the legal grounds for abortion, law makers should take into consideration the ground realities and amend the existing laws in Sri Lanka against the background of the changing socio-economic conditions.

On the other hand, women and feminist should take up the issues concerning women's rights and medical, physical and mental well-being of the woman when considering grounds for abortion.

Some of the provisions in the Indian Medical Termination of Pregnancy Act.

1. In order to save the life of a pregnant woman.

2. In order to prevent grave injury to the physical or mental health of the pregnant woman.

3. In view of substantial risk that if child was born, it would suffer from such physical or mental abnormalities as to be seriously handicapped.

4. As the pregnancy is alleged by a pregnant woman to have been caused by rape.

5. As the pregnancy has occurred as a result of failure of any contraceptive device or method, used by married a woman or her husband for the purpose of limiting the number of children.

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