The Kuching Sessions Court ordered an Indonesian woman to be jailed for five years after she admitted to taking abortion medication while 27 weeks pregnant.
This led to the baby being born prematurely and passing away five days later, reported Dayak Daily.
Took medication without doctor’s orders
During the hearing on Friday (July 17), the court was told that the 21-year-old woman took the medication without a prescription on June 24 in a bedroom at a cafe in Batu Kawa at around 6am.
Investigators later found she had consumed the medication with the purpose of aborting her unborn child and not for a medical emergency or to save her own life.
The woman later experienced abdominal pains and went to the hospital for treatment and informed the doctor that she had taken pills to induce an abortion, leading to a police report being lodged.
Jailed
A baby boy was born prematurely but sadly it didn’t survive as it died five days later. A post-mortem examination later revealed it had suffered bleeding in the lungs and brain.
Investigators also discovered that the woman allegedly aborted the baby after becoming emotionally distressed when her partner was thrown into jail for entering Malaysia without a valid permit.
The woman pleaded guilty to the charge framed under Section 315 of the Penal Code for carrying out an act with the intent to prevent a child from being born alive or to cause a child to die after birth.
It carries a maximum jail term of 10 years, a fine, or both upon conviction.
Health think tank slams court ruling
The ruling attracted strong opposition from Galen Centre for Health and Social Policy, whose CEO Azrul Khalib said it reflected a lack of prevention, protection and compassion.
We don’t know whether she faced coercion, exploitation, sexual violence, financial hardship, abandonment or fear related to her immigration status.
“Yet the system responded primarily with arrest, prosecution and imprisonment,” he said.
Azrul questioned the absence of a lawyer representing the woman in court and asked whether she had access to timely reproductive healthcare or legal advice.
He noted that abortions are legal in Malaysia as long as the mother’s life or health is at risk if she were to continue the pregnancy.
Azrul also said the threat of prosecution could deter other women from seeking emergency treatment following an abortion or pregnancy complication.
“Galen Centre calls for the woman to receive independent legal representation and advice on an appeal. The government should also review the use of custodial sentences against women who attempt to terminate their own pregnancies.
“It must strengthen access to safe and lawful abortion and post-abortion care to those who need it regardless of their marital status.
“Most importantly, the health ministry must ensure that public family-planning services do not discriminate against unmarried women and adolescents in policy and actual practice,” he said.
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