MalayMail-July 7
The recent uproar over the United States’ loss of its constitutional abortion rights following the overturn of the landmark ruling Roe v. Wade has got Malaysians, especially its women thinking: what about abortions in Malaysia? To put it simply, termination of pregnancy (TOP) is mostly illegal under Sections 312 to 316 of the Penal Code, which cover the offences of “Causing Miscarriage; Injuries to Unborn Children; Exposure of Infants; and Concealment of Births”. However, following two amendments in 1971 and 1989, Section 312 allows the procedure in order to save the bearer’s life, and to preserve their mental and physical health. “The phrase ‘injury to… physical or mental health’ does provide leeway to healthcare professionals to refuse to provide abortion services on the basis of differing views of what meets this criterion. “These views are, in most cases, also influenced by religious beliefs, personal values and even gender-based violence-supportive attitudes,” Jernell Tan Chia Ee, an information and communications officer at advocacy group All Women’s Action Society (Awam) told Malay Mail. According to Tan, there is not even an exception in the law for pregnancies resulting from rape or incest, pregnancies involving severe or fatal fetal impairment, or those that occur in the context of dire financial circumstances. Under Section 312, those who provide TOP services may be prosecuted for causing a woman with child to miscarry. This offence can be punished by prison up to three years, or fine, or both — which may extend to seven years “if the woman is quick with child”, referring to the advanced state of pregnancy. Read more at: https://www.malaymail.com/news/malaysia/2022/07/07/with-law-overturned-in-the-us-whats-the-legal-status-of-abortion-in-malaysia/14749
