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

FSC Admits Punjab Child Marriage Challenge

ISLAMABAD: The Federal Shariat Court (FSC) has removed an office objection to a petition challenging the legality of the Punjab Child Marriage Restraint Act, 2026, which sets 18 years as the minimum age for marriage in the country’s most populous province. The office had objected to the plea on the…

Govt Primary School Blown Up in Bajaur

BAJAUR: Unknown miscreants blew up a government primary school in Lowi Kharkai area of War Mamund tehsil here late on the night of July 29. Officials and locals told Dawn on Thursday that unidentified miscreants entered the Government Primary School for Boys late on Wednesday night and planted explosives inside…

Boy’s Death Sparks Protest at THQ Hospital

BAHAWALNAGAR: Scores of citizens and the family of a five-year-old boy who allegedly died due to medical negligence staged a protest on July 30 outside the emergency department of the Minchinabad Tehsil Headquarters (THQ) Hospital, accusing the hospital staff of causing the child’s death. Speaking to the media, the child’s…

Minor Girl, 2 Teenagers Sexually Assaulted in Chakwal

CHAKWAL: A minor girl and two teenagers were allegedly sexually assaulted in separate incidents, while two suspects were arrested by the police after an alleged shoot-out, police sources said on July 30. A ten-year-old girl along with her five-year-old sister used to go to a mosque in Munara village of…
Go toTop