gavel hammer and wood block with text abortion law

Rape cases Plea for striking down law criminalising abortion

1 min read
LAHORE: The Lahore High Court has been requested to strike down the law criminalising abortion to the extent of rape victims.

`The pro-choice is a reality, which is why it is important that women should have access to medical services without any preconceived notions and biases,` says a public interest petition filed by Advocate Aasya Ismail.

The lawyer pleads that pro-choice, the freedom to choose abortion, is a fundamental right.

The lawyer argues that the law in the country criminalises the abortion under sections 338 and 338-B of the Pakistan Penal Code (PPC) describing it as inten-tionally `causing miscarriage` except in cases where abortion is carried out to save the life of the woman.

The petitioner pleads that the punishment of incarceration is merely flawed to exercise a woman’s right to pro-choice, therefore, the law needs to be revisited.

The lawyer says the right to prochoice, irrespective of their marital status, is not provided in cases of rape, fetus impairment, economical and social pressure, therefore, the protection of women is not available in the law.

The lawyer argues that the healthcare providers need to understand that freedom to abortion is neither against the law nor against religion and all those seeking the right should be treated with respect.She says the Constitution failed to provide any fundamental right to prochoice.

She contends that the impugned sections of the PPC, which addresses the subject of abortion, are vague and silent on the pro-choice. However, she points out that the countries like UK, US, Scotland, Northern Ireland and India enshrined pro-choice and evolved their criminal law.

The lawyer argues that a state cannot set a policy to control women’s bodies, terming it anti-democratic and a violation of fundamental rights.

The petitioner asks the court to decriminalise the abortion under the existing law to grant freedom to abortion as a fundamental right to the women of Pakistan.

Acknowledgement: Published in Dawn News on 29th Feb 2024.
Previous Story

No polio case reported in Khyber since 2019

Next Story

Woman arrested for strangling minor nephew

Latest from Blog

KP to Retain Control over Education Boards

PESHAWAR: Minister for Education Arshad Ayub Khan on November 4 said that the powers of education boards and the examination system would remain entirely under the jurisdiction of Khyber Pakhtunkhwa. “No decision will be made that could adversely affect the public or students,” he assured while presiding over a review…

Changing Weather may cause Health Threats

Rawalpindi: A significantly heavy rainfall on November 4, along with a considerably heavy hailstorm, would turn the weather chilly in this region of the country, including the twin cities of Islamabad and Rawalpindi and the adjoining hilly areas that may cause health threats, mainly mild to moderate for healthy persons…

Two Minors among Four People Die Due to Dengue in Sindh

KARACHI: The dengue situation in Sindh has further worsened as four more people, including a 16-month-old child, died from the virus during the past 24 hours, taking the year’s provincial dengue death toll to 20, officials said on November 4. According to an abstract report issued by the Directorate General…

Treatment Centre to be Set up at Valika Hospital after Surge in HIV cases

KARACHI: A surge in HIV cases among children in Pathan Colony has pushed Sindh’s health authorities to seek the immediate establishment of an ART (antiretroviral therapy) centre at the Kulsoom Bai Valika Hospital after 18 children were confirmed HIV-positive and two of them died, officials said on November 4. Infectious…

Swat Cleric Booked for Assaulting Boy

SWAT: The police on November 4 registered a case against a cleric for allegedly assaulting a seven-year-old boy inside a mosque in the Rahimabad area of Mingora. According to Rahimabad police, the victim’s father filed an FIR, stating that his son was playing outside a mosque when the suspect, Qari…
Go toTop