In the bustling streets of Kurunegala, Achala’s story unfolds in whispers. She spent a fifth of her monthly wage for a covert abortion, a decision cloaked in secrecy. Meanwhile, in Paris, Marie used her constitutional right to abortion services, which were supported by healthcare experts, without fear or condemnation. These contrasted experiences emphasise the vast contrasts in abortion regulations between Sri Lanka and France, emphasising the fight for women’s dignity and rights.

Abortion is a sensitive subject in Sri Lanka, with legislation allowing it only in cases when the mother’s life is in danger. The Penal Code of 1883, particularly Sections 303 and 304, criminalises induced abortions except when performed to save the life of the mother. The penalties for violating these laws are severe, including imprisonment for up to three years or a fine, and up to 20 years of imprisonment if the abortion results in the death of the woman. This regulatory framework has pushed many women to choose dangerous and illegal methods of abortion, resulting in an elevated rate of maternal death and morbidity.

A study in the Ceylon Medical Journal revealed that only 11% of respondents were aware of the legal criteria for abortion in Sri Lanka, highlighting a significant gap in public awareness. Unsafe abortions are estimated to account for 10-12% of maternal deaths in the country, showcasing the urgent need for legal reform.

A statistical perspective

The argument over legalising abortion frequently focuses on its potential social and economic consequences. Following the Roe v. Wade decision, the legalisation of abortion in the United States has been linked to a decrease in crime rates. While the situation in Sri Lanka differs, the statistical benefits of legalising abortion, such as lowering the number of unsafe abortions and the related health concerns, cannot be overlooked.

Legalising abortion might also lessen the financial load on the healthcare system, as the expenses of treating complications from unsafe abortions would be much lower.

Societal stigma

In Sri Lanka, the cultural taboo surrounding abortion compounds the challenges faced by women. The shame and secrecy attached to the procedure often deter women from seeking necessary medical care, leading to adverse health outcomes. This stigma not only affects women’s physical wellbeing but also their social status and emotional health, leaving them feeling isolated and unsupported in their choices. Despite this stigma, the Health Ministry’s 2016 estimate of 658 daily abortions in Sri Lanka sheds light on another aspect of the issue.

Stories like Achala’s, who endured the arduous journey of obtaining an illegal abortion, underscore the urgent need for reform. These narratives underscore the importance of fostering a supportive environment where women can make informed decisions about their reproductive health without fear of judgement or legal repercussions.

The core of the debate

At the heart of the abortion debate lies the dignity of the woman. The capacity to make independent decisions regarding one’s own body is an essential component of human dignity. Restrictive abortion laws jeopardise women’s health while also robbing them of agency and autonomy.

The idea of dignity in abortion includes not just the freedom to make decisions about one’s body but also the right to access safe and legal medical procedures without fear of legal consequences or public criticism. By fostering an atmosphere in which women feel supported and valued in their reproductive choices, we can protect their dignity while also promoting a fairer and more equal society.

Economic impact 

Moreover, the economic implications of restrictive abortion laws cannot be overstated. The healthcare costs associated with treating complications from unsafe abortions place a significant burden on Sri Lanka’s healthcare system. Legalising abortion and ensuring access to safe procedures could alleviate this financial strain, allowing for better allocation of resources towards improving maternal health services and family planning education.

Furthermore, the economic empowerment of women is closely linked to their reproductive rights. When women have control over their reproductive choices, they are more likely to participate in the workforce and contribute to economic development. Thus, reforming abortion laws is not only a matter of protecting women’s health and dignity but also a strategic investment in the country’s economic future.

A model 

Sri Lanka could take inspiration from France, which has passed more progressive abortion legislation. The Veil Act of 1975 decriminalised abortion during the first 10 weeks of pregnancy, and subsequent amendments increased the legal limit for abortion and guaranteed access for adolescents without parental agreement. In 2022, France raised the legal abortion limit to 14 weeks of pregnancy, demonstrating its commitment to protecting reproductive rights.

In March, French Parliament voted to enshrine the right to abortion in the Constitution, becoming the first country to explicitly guarantee this right. This historic legislation established a strong precedent for other nations, emphasising abortion as a fundamental right and an essential component of women’s autonomy and health.

The way forward

For Sri Lanka to adopt a more progressive stance on abortion, several steps need to be taken:

● Amending laws to allow abortion under broader circumstances, such as in cases of rape, incest, and foetal abnormalities, would align the country with international human rights standards

● Embracing medical abortion as a safer alternative can significantly reduce the risks associated with unsafe abortions

● Educating the public and healthcare providers about legal provisions and safe abortion practices is crucial for reducing stigma and improving access

● Strengthening the infrastructure to support comprehensive abortion care, including post-abortion services, is essential for reducing maternal mortality and morbidity associated with unsafe abortions

● Prioritising comprehensive education and awareness campaigns. These campaigns should provide accurate information about reproductive health, including the importance of safe and legal abortion access, debunking myths and stigma surrounding the topic

The debate surrounding abortion in Sri Lanka is more than a legal issue; it’s a matter of upholding the dignity and rights of women. By embracing a more progressive approach, inspired by countries like France, Sri Lanka has the opportunity to not only safeguard the health and autonomy of its female population but also to set a precedent in the region for compassionate and equitable reproductive rights policies.

It’s a crucial moment for policymakers, healthcare providers, and society as a whole to come together and ensure that every woman has the freedom to make informed decisions about her body and her future. The stories of Achala and Marie are a poignant reminder of the urgency and significance of this issue, urging us to strive for a society where women’s dignity and rights are not just protected but celebrated.

(Geilee Skandakumar, a feminist and law and social sciences undergraduate, advocates for sexual and reproductive health and rights, human rights, peace-building, and women’s rights. With a practical approach, she actively works to empower women and promote equality, embodying activism and advocacy in her pursuits)

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The views and opinions expressed in this column are those of the author, and do not necessarily reflect those of this publication.