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Abortion in Pakistan
Abortion is the medical procedure of ending a pregnancy, so it does not result in the birth of a child. It can be done either by taking medication or by having surgery. Abortion is legal in many countries, but there are often strict rules about when and how it can be done. In some places, abortion is only legal if the woman’s life is in danger or if the pregnancy is the result of rape.
Abortion is a sensitive and controversial subject, not just in Pakistan but all over the world. There is no right or wrong answer when it comes to whether or not abortion is morally acceptable – it is a personal decision that each individual has to make for themselves.
What is important, however, is that any decision made about abortion is made with all the relevant information at hand. This includes understanding what the law says about abortion in Pakistan, as well as the potential risks and complications involved.
There were an estimated 2.25 million induced abortions in Pakistan in 2012. The stats show that 6000 abortions are conducted in Pakistan every single day. That means that every year, 9 lac abortions are performed in the country.
In this article, we’ll talk about whether or not abortion is considered legal in Pakistan.
Isqat-i-Haml and Isqat-i-Janin
Under Pakistani law, abortion is referred to as ‘Isqat-i-Haml’ and ‘Isqat-i-Janin.
Isqat-i-Haml (338): “Whoever, causes a woman with a child whose organs have not been formed, to miscarry, if such miscarriage is not caused in good faith to save the life of the woman, or provide necessary treatment to her, is said to cause isqat-i-Haml.”
The punishment for abortion is 3 years if the abortion is performed with the mother’s consent. If not, the punishment may exceed to 10 years.
Isqat-i-Janin (338-B): “Whoever causes a woman with child some of whose limbs or organs have been formed to miscarry, if such miscarriage is not caused in good faith to save the life of the woman, is said to cause Isqat-i-Janin.”
The offender is liable to one-twentieth of the diyat if the child is born dead, full diyat if the child is born alive but dies as a result of any act of the offender, and imprisonment for up to 7 years. Furthermore, if the woman was pregnant with more than one child, the law says that the offender shall be liable to separate diyat or ta’zir. And in cases where a woman gets harmed or passes away due to the abortion, the offender shall also be liable for the punishment provided for her hurt or death.
In both cases, the abortion must be performed in good faith to save the mother’s life or provide her with necessary medical treatment.
Abortion in Pakistan: A Guide for Understanding and Exercising Your Rights
In Pakistan, the topic of abortion remains deeply entwined with religious, ethical, and legal complexities. As individuals navigating this sensitive terrain, it’s crucial to possess a clear understanding of the current legal framework governing abortion procedures. This guide aims to demystify the relevant laws and empower you to make informed decisions regarding your reproductive health.
The primary legislation governing abortion in Pakistan is the Penal Code, 1860. Under this code, termination of pregnancy, also known as Isqat-e-Hamal and Isqat-e-Janin, is generally considered a punishable offense unless specific conditions are met. The penalties vary depending on the stage of fetal development:
- Before organ formation: Early termination, before the fetus develops discernible organs, is punishable under Islamic law (ta’zir) with imprisonment for 3-10 years.
- After organ formation: Termination after organ formation is only permitted to save the life of the pregnant woman, and penalties may include compensation (diyat) or imprisonment, depending on the outcome of the abortion.
Beyond the Penal Code, religious interpretations also play a crucial role in shaping public discourse and attitudes towards abortion. Islamic jurists recognize exceptions to the general prohibition in instances where the mother’s life is in danger or the pregnancy results from rape or incest. However, interpretations of these exceptions vary, impacting how readily accessible and acceptable safe abortion practices become.
Important factors to consider:
- Consent: Regardless of the legal conditions, a woman’s informed consent remains paramount for any medical procedure, including abortion.
- Medical qualifications: Only registered medical practitioners within qualified healthcare facilities can perform legal abortions.
- Documentation: Medical records and other documentation outlining the circumstances of the abortion are crucial for legal protection.
Navigating the process:
- Consult a qualified healthcare professional: Seek guidance from a registered doctor or gynecologist to understand your options and the specific legal considerations applicable to your circumstances.
- Medical evaluation: The doctor will assess your health and determine if the termination falls within the permitted legal grounds.
- Informed consent: Ensure you fully understand the risks and benefits of the procedure before providing informed consent.
- Medical documentation: Maintain detailed medical records of the entire process, including consultations, diagnosis, and the procedure itself.
- Legal advice: In complex cases or situations involving uncertainties, consider seeking legal counsel from a lawyer specializing in reproductive rights and medical law.
Remember, navigating the legal framework surrounding abortion in Pakistan can be complex and sensitive. By seeking medical advice from qualified professionals and, when necessary, legal counsel, you can ensure you are making informed decisions and protecting your rights within the confines of the law.
Parting Ways
Abortion is a controversial topic in Pakistan, as it is in many other countries. Some believe that it should be illegal under all circumstances and those who believe that it should be legal in certain cases.
The law in Pakistan reflects this debate, as abortion is only legal in certain circumstances. These circumstances are when the life of the mother is at risk.
Even though abortion is legal in Pakistan under certain circumstances, the vast majority of people in the country believe that it is completely forbidden by Islam. As a result, women often turn to back-alley providers for help, which can lead to serious health complications and even death in some cases.
There is a need for greater access to safe and legal abortion services in Pakistan in order to protect the health and well-being of women in the country.
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