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

Free Insulin Project: Helpline Set Up For Diabetic Children: Maryam

LAHORE: Punjab Chief Minister Maryam Nawaz has directed to launch Pakistan’s first-ever project to provide free insulin to children born with diabetes. “Little children are like flowers, they will not be allowed to wither,” said Chief Minister Punjab Maryam Nawaz Sharif while directing the authorities concerned to launch the Chief…

One Million Teachers Required To Meet Growing Needs

Islamabad: Planning and Development Minister Ahsan Iqbal called for public sector schools to be equipped with the necessary resources to teach essential skills, ensuring that the proposed reforms deliver broad societal benefits. During a meeting about the Teacher Training Institute, the minister underscored the urgent need for education reforms to…

CM’s Heart Surgery Programme: Over 860 kids Operated Upon, Claims Minister

LAHORE: More than 860 children have undergone successful heart surgeries since the launch of the Chief Minister’s Children’s Heart Surgery Programme. Punjab Health Minister Khawaja Salman Rafique shared this information in a meeting on 30-November-2024. He shared this milestone during a meeting on the programme’s referral system held at the…

Karachi’s Missing Children

The Karachi police have no leads in at least 230 cases of children that have gone missing since January 2023. Meanwhile, a total of 2,066 cases relating to missing or kidnapped children have been registered since January 2023, with 1,828 of them being recovered safely. Data shared at a top-level…

54-year-old Man Jailed For 14 Years For Sexually Abusing Minor Girl

A sessions court has sentenced a 54-year-old man to 14 years imprisonment for sexually abusing a minor girl. Ashok Ramjee was found guilty of committing immoral acts and taking objectionable photos of a five-year-old neighbour who came to his house to play with his daughter in the Gizri area within…
Go toTop