5-year jail term for abortion attempt reflects failures, says health group

 Galen Centre questions if the woman had access to legal advice, as she did not have a lawyer when she pleaded guilty.

Yesterday, the Kuching sessions court sentenced a 21-year-old Indonesian woman to five years in prison after she pleaded guilty to taking abortion medication without a prescription, resulting in the baby’s eventual death. (File pic)

PETALING JAYA:

A health think tank has expressed concern over a five-year jail term imposed on a 21-year-old foreigner for taking abortion medication during her 27th week of pregnancy, resulting in the baby being born prematurely before dying.

The Galen Centre for Health and Social Policy said this case reflected a failure in prevention, protection and compassion, adding that little is known about the circumstances of her birth.

“We don’t know whether she faced coercion, exploitation, sexual violence, financial hardship, abandonment or fear related to her immigration status.

Azrul Khalib.

“Yet the system responded primarily with arrest, prosecution and imprisonment,” Galen Centre CEO Azrul Khalib said in a statement.

He questioned whether the woman had access to timely reproductive healthcare or even legal advice, noting that she was not represented by a lawyer when she pleaded guilty yesterday.

Azrul reminded that abortions are permitted in Malaysia if continuing a pregnancy risks the mother’s life or health.

He added that the threat of prosecution could discourage other women from seeking emergency treatment following an abortion or pregnancy complication.

“Galen Centre calls for the woman to receive independent legal representation and advice on an appeal. The government should also review the use of custodial sentences against women who attempt to terminate their own pregnancies.

“It must strengthen access to safe and lawful abortion and post-abortion care to those who need it regardless of their marital status.

“Most importantly, the health ministry must ensure that public family-planning services do not discriminate against unmarried women and adolescents in policy and actual practice,” he said.

Yesterday, Dayak Daily reported that the Kuching sessions court sentenced an Indonesian woman to five years in prison after she pleaded guilty to taking abortion medication without a prescription, resulting in the baby’s eventual death.

The medication had induced the baby boy’s premature birth before he died five days later.

The woman was charged under Section 315 of the Penal Code, which deals with acts carried out with the intention of causing a child to die after birth.

The offence is punishable by up to 10 years in prison, a fine or both, upon conviction.

According to the case facts, the woman had become emotionally distressed after her boyfriend was jailed for entering Malaysia without a valid permit. - FMT