Abortion; the 'Silent Genocide'

by Imesha Madhubhani

"...Abortion is a war against the child... It is poverty to decide that a child must die so that you may live as you wish..."
- Mother Teresa

The debate over whether or not abortion should be a legal option has continued to divide our society for quite a while. This conflict of interests among the people has even discouraged our lawmakers from creating a more substantial legal framework. The argument brought up is that granting the right to abortion would pit mothers against their children, and women against men, and sow violence and discord at the heart of the most intimate human relationships. This would also aggravate the derogation of the father's role in society.

Foetology makes it undeniably evident that life begins at conception and requires all the protection and safeguards that any of us enjoy. But, on the other hand, the reproductive choice of women and their right to make decisions on their own bodies should not be left forgotten. According to the World Abortion Policies published by the United Nations, 97% of the world's countries allow abortion for the health and benefit of the mother, to which category Sri Lanka also falls. Countries such as Bhutan allow abortions depending on the mother's age and her capacity to raise a child. India is another country that allows abortions based on firm economic and social factors.

The Sri Lankan context

As far as the country's legal framework is concerned, Sections 303 through 307 of the Penal Code state, only a miscarriage done bona fide, to protect the mother's life is allowed. Regardless of the strict legal framework within the country, it is doubtful whether social institutions and society as a whole is willing to accept and obey the law.

Statistics collected by Sri Lanka police after raiding illegal abortion centres show, approximately, 765-1,000 illegal abortions are committed daily, and around 300,000 women die annually due to the complications that arise afterwards. However, none of the government authorities possess proper and credible statistics on the rate of illegal abortions, as it is not a legalized practice.

One misstep leads to another

Many women undergo complications such as, septicemia, hemorrhage, HIV/AIDS as a consequence of following illegal medical practices, whereas some face imminent threat of death. The rate of maternal mortality in the country is at 30% now, which is a satisfactory result, but, unfortunately, the number of maternal deaths due to illegal abortions is not included in it.

A mother's womb which is the safest place for a child, has now become the most unsafe place for a child to grow in. From 1973 to the present, around 55 million unborn lives were destroyed, which amounts to the destruction of ? of the future generations. What name other than 'silent genocide' could this tragedy be called?

Our judiciary has considered granting permission for abortion in cases of pregnancies caused due to rape and incest.

The disgrace that the victim would have to face, and the economic difficulties of raising a child alone are to be contemplated in these circumstances. It inevitably is traumatic for any woman to bear and give birth to a child who is a result of an unforgettable but revolting incident in her life, and anyone who has not undergone the same experience may question her inability to love and care for the child. Being born and raised in such an environment is never appropriate for the child either.

Nevertheless, not every woman who undergoes these voluntary miscarriages are victims of rape or incest. All non-official census conducted so far shows that the majority of women who face abortion are married women. The lack of proper knowledge and understanding on family planning results in unwanted pregnancies. The paradox emerges as we are used to consider children as the most precious gift in a marriage, and yet, some children are considered 'unwanted'.

Improper knowledge on sexual health and proper protection, results in the dangerous consequence of unnecessary pregnancies that ultimately lead young women to commit deliberate miscarriages. Numerous girls who still attend school are seen to attend illegal medical practitioners for abortions. This tragic situation is mostly seen in urban areas. A majority of the girls from rural areas working at free trade zones too become victims of both labour and sexual exploitation, and are left with no option but to commit illegal abortion. It has been reported that in most situations, it is the father of the child that forces her into it.

Striving for a better tomorrow

Nonetheless, we must not forget the society we live in, and the reasons that compel women to commit abortions. We live in a society where childbirth is considered to be the most precious gift of life, yet, society itself rejects fatherless and illegitimate children.

It is this attitude that forcibly pushes these vulnerable pregnant women into a dead end, and leaves them with no choice but abort the foetus. A single mother raising a child without a father in our society is frowned upon. Who would want it to happen to them or their child? On the other hand, it cannot be genuinely expected that committing abortion would solve all the questions that it carries with it. Rape, statutory rape, incest, or any other sexual harassment or social factors, such as poverty, cannot be expected to be eradicated by granting permissive abortion rights.

Abortion has now become a greater human rights crisis. Hence, it is time to consider whether changing the legal framework would be the sole resolution for the problem. We must not forget that the necessity for a long term and a pragmatic solution for this issue is of paramount importance for us now, as a nation, than it has ever been before.