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

Shattered Innocence – Horrors of Child Abuse in Pakistan

In this video, you can listen to the harrowing realities of child abuse and the plight of street children and domestic helpers. Explore the factors that contribute to these issues, the impact on vulnerable lives, and the paths to healing and hope. Post Views: 17…

Online Safety for All starts with All of Us

We are happy to share pictures – whether of holidays, celebrations and private moments – directly with each other. That’s beautiful and connects us. However, once online, this personal data is available worldwide and indefinitely. And that can have unforeseen consequences. Which one is described using the example of Ella.…
polio-drop

Another Polio Case Surfaces In Pishin

ISLAMABAD: As the country confirmed its 22nd polio case of the year, government officials renewed their appeals to parents and caregivers to vaccinate their children against the crippling disease. The latest case repo­rted was of a 30-month-old boy from Pishin, Balochistan. The regional reference laboratory for polio eradication at the…

How to Make Education Expenditures Count for Children in Pakistan

Over the past few decades, Pakistan has made significant progress in improving its education system. The country expanded free and compulsory education, increased female attendance, and saw major reforms like merit-based teacher recruitment and public-private partnerships (PPPs) to enhance teaching quality. Punjab, for example, doubled the number of children in…

Court Reopens Boy’s Rape Case, Orders Fresh Probe

BAHAWALPUR: Bahawalpur Bench of the Lahore High Court (LHC) has ordered restoration of a case pertaining to alleged rape of a boy registered at Shaidani Sharif police station in Rahim Yar Khan district, directing Bahawalpur regional police officer (RPO) to initiate a fresh probe into the matter to deliver justice…
Go toTop