The right to abortion for women of all ages has emerged as a bold demand around the world at various times. In this situation, it became a matter of awakening when unmarried women also got the right to abortion in India.
India's Supreme Court on Thursday ruled that a woman's right to abortion cannot be taken away considering her marital status. Unmarried women who become pregnant unintentionally will have the right to an abortion within 24 weeks.
The historic verdict came in the wake of a writ petition by a 25-year-old unmarried woman. In this regard, any distinction between married and unmarried women has been declared unconstitutional.
But Sumiya Akhter (pseudonym), a student at a public university in Bangladesh, did not get the same rights as this Indian woman.
Bangladesh does not recognize abortion as a right. In fact, it considers abortion as an offence. Here Sumiya is a victim.
From a social and religious point of view and the way the current generation is moving forward, the Penal Code of Bangladesh 1860, a law from the colonial era, has not been able to move forward.
Sumiya got pregnant unintentionally in the fall academic session this year. She had a secret abortion when her partner refused to marry her. Later, the university authorities came to know about this and revoked her hall rights. She was not allowed to participate in the exam.
She later filed a case and was able to sit for her exam, but the results have not come yet.
Bangladesh does not recognize abortion as a reproductive right of women. Instead, women might face punishment for "voluntary miscarriage". The menstrual regulation procedure and menstrual regulation with medication (MRM) give the option to women to get rid of unplanned pregnancies. However, the existing laws do not permit women to opt for abortion.
The 1860 Penal Code uses the term "miscarriage" instead of "abortion" to deal with different types of pregnancy termination cases.
Section 312 provides that if any person intentionally aborts a pregnancy, and if the abortion is not done in good faith for the purpose of saving the life of the said woman, that person shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both. If the woman is quick with child, she shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
In the interpretation of this section, it is said that a woman who aborts of her own choice will also come under the meaning of this section.
Supreme Court lawyer Ayesha Akhter, who works for Bangladesh Legal Aid and Services Trust (BLAST), told Dhaka Tribune that sections 312-316 should be amended. “We’re working to establish 'My Life My Choice' for every woman. This is why we want that every woman has the right to abort her unwanted child of her choice without prioritizing her marital status.”
Section 316 states: “Whoever does any act under such circumstances, that if he thereby caused death, he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”
Sections 312 to 316 of the Penal Code emphasize the right to life of the unborn child.
Earlier this month, a virtual High Court bench of Justice Tariq ul Hakim and Justice SM Quddus Zaman held a preliminary hearing on a public interest writ petition seeking to know why Sections 312 to 316 of the Penal Code relating to the punishment of abortion should not be declared discriminatory and violative of the fundamental rights of the Constitution.
Lawyer Syeda Nasrin submitted her statement on behalf of the petitioner in the court.
She said: "On account of abortion, the provisions of the Penal Code from 312 to 316 have been challenged in the writ because these rules violate the fundamental rights of a girl or woman. These clauses are not only against a woman's freedom of choice or opinion, but also against life and health freedom and rights."
She added that since abortion is illegal, a woman cannot go to a good registered doctor or medical centre to get a safe abortion.
“As a result, women fall into serious health risks. Unsafe abortion increases the risk of many serious diseases, including cancer and infertility. Many women's lives are also being destroyed because of this,” she told Dhaka Tribune.
BLAST is also planning to work on this writ.
"A girl who is 12-13 years old is still a child herself. We cannot force that child into motherhood by prohibiting abortion by law. Also, even if someone gets pregnant unexpectedly, she does not get an abortion. As a result, the state or society cannot take away fundamental rights,” BLAST lawyer Ayesha said.
According to a study, titled “Out-of-clinic and self-managed abortion in Bangladesh: menstrual regulation provider perspectives”, conducted in 2010, approximately 231,400 women were treated for complications of out-of-clinic abortion in Bangladesh.
This is estimated to be only 40% of the total complications resulting from out-of-clinic abortion. In the study utilizing surveillance data from more than 100,000 pregnancies in Bangladesh, MR was found to have a lower risk of maternal mortality than live births, while out-of-clinic abortion had a higher maternal mortality rate than live births.
Social activist Khushi Kabir told Dhaka Tribune that there is not much difference between Bangladesh and India. “Once upon a time, there was only one country. And, in India, there is still a lot of anarchy, oppression and struggle. From that point on, this court verdict is a landmark event in India regarding women's rights. Now the question is: when will Bangladesh issue such an order?”