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Giving life to abortion law reform

09 Mar 2022

Justice Minister President’s Counsel (PC) M.U.M. Ali Sabry told Parliament on Tuesday (8) that he believes that reforms should be made with regard to the laws pertaining to abortion in Sri Lanka, and pointed 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 posed by fellow Sri Lanka Podujana Peramuna (SLPP) Government Parliamentarian Shantha Bandara, who expressed concerns about women dying by suicide due to unwanted pregnancies. Sabry requested the Parliamentary Women’s Caucus to ignite a discussion on abortion law reforms in Parliament to ensure a robust discussion about it among policymakers which could then lead to change. Yesterday (9), the World Health Organisation (WHO) released new guidelines on abortion care in a bid to protect the health of women and girls and help prevent over 25 million unsafe abortions that currently occur each year. Alongside the clinical and service delivery recommendations, the guidelines recommend removing medically unnecessary policy barriers to safe abortion, such as criminalisation, mandatory waiting times, the requirement that approval must be given by other people (e.g., partners or family members) or institutions, and limits on when during pregnancy an abortion can take place. The WHO said that such barriers can lead to critical delays in accessing treatment and put women and girls at greater risk of unsafe abortion, stigmatisation, and health complications, while increasing disruptions to education and their ability to work. Despite being a controversial topic, members of the Government taking the initiative to spark a dialogue about abortion laws in the Parliament is a progressive move. However, even though the topic of reforming laws applicable to abortions has been raised in Parliament on several occasions in the past, Sri Lanka’s law still allows abortions only in the event of a threat to the pregnant female’s life as a result of the pregnancy. However, many countries – including India which has reformed its laws to make available access to safe and legal abortion services on therapeutic, humanitarian, and social grounds in order to ensure universal access to comprehensive care – have taken progressive measures in this regard. Relaxing laws pertaining to the process of and the right to abortion is a welcome move, especially given the tendency among Sri Lankans seeking to carry out an abortion having to turn to unsafe abortion services or undergo backstreet abortions. However, it should be done for the right reasons, with a focus on the Sri Lankan context – i.e. what factors predominantly prompt Sri Lankan women to choose abortions, what challenges they face and what risks they take when getting an abortion done, and what cultural and societal issues women who choose abortion face post-abortion – while also learning from measures taken by other countries. These discussions will create the foundation for the changes Sri Lanka seeks, especially as far as the grounds on which a pregnant woman can seek an abortion, such as rape/sexual abuse and grave abnormalities in the fetus, are concerned. Needless to say, a proper analysis of all such factors has a huge influence on how the discussed law reforms will take place, which in turn will affect the practicality and usefulness of these laws. Therefore, prior to any move, perhaps a discussion should take place among the lawmakers about what reasons and objectives they should prioritise, and it is necessary that this discussion is also supported by women’s rights activists, sociologists, as well as medical professionals. Moreover, this discussion certainly needs to address social aspects of abortion with a focus on raising awareness, because abortion is still a taboo in Sri Lankan society and therefore often leads to discrimination. If this aspect is not addressed, even if law reforms were made, women will still have to seek the services of illegal and unsafe abortion centres, or even try traditional and dangerous methods of abortion. As much as Ali Sabry’s statement is a progressive one for a country like Sri Lanka, the Sri Lankan Parliament is known more for talking than meaningful policy measures. However, Ali Sabry has initiated several law reforms that previous Governments could not, and if he actually does the needful in this regard, it will be a landmark law reform that generations of women, and thereby society, will benefit from. The ball is now in the court of the Parliamentary Women’s Caucus to begin the discussion, and for Sabry to live up to his word and deliver the kind of abortion law reforms that Sri Lanka desperately needs.


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