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Abortion law reforms: Choice versus tradition 

22 Mar 2022

  • Citizens approve relaxing of laws, but doubt societal acceptance and politicians' knowledge
BY Sumudu Chamara Bringing a long-discussed matter to attention again, Justice Minister M.U.M. Ali Sabry (President’s Counsel [PC]), earlier this month, told the Parliament that he believes that reforms should be made concerning the laws pertaining to abortion in Sri Lanka, while pointing out the practical issues faced by women who give birth to children as a result of abuse. He made this statement in response to a question by fellow Sri Lanka Podujana Peramuna (SLPP) MP Shantha Bandara, who expressed concerns about women dying by suicide due to unwanted pregnancies. While the topic of abortion has always been a controversial topic in Sri Lanka, this is perhaps the first time, at least in the recent past, that members of a Government showed interest in reforming laws related to abortion. Due to the controversy surrounding this topic, in order to find out what the general public thinks of it, The Morning spoke to several members of the general public. Culture and religion In this regard, L. Samadara Samarasinghe, a 27-year-old student of a private university, expressed concerns about the society’s response in terms of lifting or relaxing laws pertaining to abortion, and opined that Sri Lanka is not yet ready to welcome abortion, mainly because it is a highly controversial practice, despite its benefits. “I think that this is a good move. Other countries have taken a number of initiatives in this regard. However, I think that Sri Lanka is not yet ready for such progressive steps which require more modern attitudes. It is true that Sri Lankans are becoming more and more open minded, especially compared to the situation that existed around two or three decades ago,” she stated.  “However, overall, I believe that Sri Lanka has a long way to go, in order to actually see this move’s benefits and to accept it as a normal medical procedure. I do not think that hardline nationalists and religious activists will allow such a move. Despite how much men, women, and the society can benefit from such legal changes, those who think that their individual religious beliefs and what they perceive to be the country’s, or their, culture should always be given priority over similar belief systems of other ethnicities and religions, will most likely oppose such a move, most probably also blaming Ali Sabry who is a Muslim, for trying to eradicate the Sinhala race.” She noted that the people must look at abortion as a medical procedure which can help save the life of the mother and help take a decision regarding the foetus, not as a move that constitutes an immoral or unethical act which goes against the main religions. Moreover, she noted that even though bringing about the necessary legal changes is necessary, it should be the last step, not the first one. “Even if this move was put into action, which I doubt will happen anytime soon, if the necessary attitudinal changes do not take place before legal and other changes, people will still oppose it and be doubtful about supporting or using abortion-related services. People do not do things merely because they are legal and do not refrain from doing things merely because they are illegal.  “First and foremost, people’s attitudes and the lack of knowledge regarding abortion should be changed. Most importantly, discrimination against people who decide to get an abortion done should be eradicated, and the best way of doing it is increasing awareness in the society. After all that, perhaps, we should think about abortion, and then only will we be able to truly benefit from it.” MPs’ ability to make wise decisions Hemantha*, a 49-year-old public sector employee, said that these legal changes will not take place in the foreseeable future, owing to several reasons including the backwardness of parliamentarians, as far as matters related to culture and tradition are concerned. “How often do we see progressive decisions being taken in Parliament? In my opinion, extremely rarely. Decisions, even those demanded by the people and are necessary, take a very long time to be passed. We have seen countless decisions taken by one Government being changed or rescinded by the next Government, because the new Government has a different agenda or an intention to go against what the previous Government did,” he stated.  “In addition to political or personal reasons, the lack of awareness among MPs is a huge obstacle. How many educated and knowledgeable MPs do we have? Just a few. Most of them have been elected to Parliament because they had the public’s support, not because they are suitable to govern a country. I highly doubt that at least half of the MPs have the knowledge and attitudes to understand a complex issue such as abortion. Despite the country being in the worst economic crisis in Sri Lanka’s history, they do not even understand what inflation means and how it affects the general public. Can we really expect them to understand the pros and cons of abortion?  “As a matter of fact, there are serious concerns about the attitudes of MPs. Most of them are old enough to retire, and their attitudes are built on cultural and societal norms that were prevalent decades ago, when abortion was seen as a grave crime and women’s right to be safe in pregnancy-related matters was seen as an unimportant matter. Recent sexist comments made by certain MPs have shown that the Parliament is a place that does not give women the recognition that they deserve. These politics, and personal opinions held by MPs, can also affect this initiative. They will oppose it, citing various reasons, most likely claiming that relaxing laws regarding abortion can cause social unrest.” In this context, he added that relaxing laws related to abortion would not materialise anytime soon, noting: “The necessary changes related to abortion must happen. However, before that, the quality of the Parliament, or MPs, needs to be improved. It is a very unfortunate situation, because, at the end of the day, it is the 225 MPs that have the power to make these decisions,” he further said, adding that law reforms regarding abortion being discussed in the Parliament, however, is something Sri Lanka can be happy about. Abortion and the family unit However, some people feel that abortion can lead to many issues, and that its potential harms outweigh potential benefits. Kamal*, a 55-year-old businessman, opined that supporting laws to allow or support abortion can destroy the concept of the family unit, to which Sri Lanka has assigned great importance. “This is a discussion that has been going on for decades, and thus far, the applicable laws remain the same. That is because this can lead to a large number of issues, including the destruction of the concept of the family. At present, as far as I know, abortion is legal only if the foetus poses a threat to the pregnant woman’s life, and that is also in unmanageable situations. Imagine what would happen if the laws regarding abortion are relaxed, and any woman was allowed to get an abortion done on her own accord. Everyone will start doing it even if there is no clinically acceptable reason. We should not allow people to take another human being’s life just because they want to.” When questioned as to what he considers to be the point at which a foetus becomes viable, he said that even though some argue that it is alright to get an abortion done before that stage, it is ridiculous. “The real question is not when a foetus becomes viable. If the foetus can become a baby, destroying the foetus is as bad as destroying a child, because the act of getting an abortion is what stopped the foetus from developing.” With regard to considering abnormalities in foetuses as a valid reason to allow a pregnant woman to have an abortion, he opined: “Children with such issues should also live, and we do not have a right to decide whether they should live or die based merely on our personal beliefs. We cannot take away their right to live just because they lack the ability to live like others. If parents cannot take care of such a child, there are various institutions as well as many individuals who like to help such children.” He further said that Sri Lanka considers the family to be a valuable concept, and that therefore, making it legal to prevent the birth of a child is tantamount to abetting a crime against that concept. Adding that permitting or facilitating abortion can affect the country’s future, he also opined that taking decisions about abortion should take into account its impacts on the society as well. He added: “At the same time, this is not the correct time to make such legal reforms. Sri Lanka has bigger issues affecting women and children and they need to be dealt with first.” Abortion-related matters Pasan Ariyawansa, a 31-year-old private sector employee, welcomed the Government’s interest in changing laws related to abortion, and opined that relaxing those laws will be immensely helpful to children, because unwanted child births can have a negative impact on such children in the long run.  “People say that children are the best gift that they can have as a parent. But, despite being a country that is nourished by Buddhism, countless incidents of the neglect and abuse of children are being reported on a daily basis. I think that it is always good to not have children if someone does not want children. Using birth control methods is good, but sometimes, they do not work, and sometimes the decision to not have children is made after having unprotected sex,” he said. “Therefore, I think that people should have the option of getting an abortion done, instead of giving birth to a child that they do not want to have or they are not sure about with regard to being able to raise it well. I do not know under what circumstances abortion will be permitted or supported as a part of these legal reforms. However, women should be given the opportunity to opt for it in the event of sexual abuse, because they became pregnant without their consent.  “Another good development that the relaxing of these laws can lead to is the curbing of illegal abortion clinics. People seek the services of these places because they do not have a properly qualified or authorised place to do that. When they do not want a child, they are forced to get an abortion done, paying an exorbitant amount of money and taking massive health risks.” He further said that even though under what circumstances abortion will be permitted or supported remain unknown, the authorities must pay attention to making those legal reforms strong enough to address the abovementioned issues. Changing societal attitudes with regard to abortion is also a matter that needs to be taken into account, according to him.  “I think that first of all, we have to educate the people about the fact that getting an abortion done is an act that concerns health, social wellbeing, and the economy, not just an act of preventing a birth,” he opined. Abortion is a matter that is interconnected with social norms, health and medical concerns, and economical aspects, in addition to legal reforms, and therefore, any move to support abortion, despite the conditions that may be applicable, should look into those aspects of the matter too. If not, as the public opined, the situation regarding abortion, especially illegal abortions, will not change despite the legal changes.


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