‘A woman’s right to choose’
The High Court Division of the Supreme Court issued a rule last week, asking why certain provisions of the penal code relating to abortion should not be declared discriminatory and contradictory to the constitution.
It issued the rule after hearing a writ petition filed by Supreme Court lawyer Dr Syeda Nasrin, challenging the questionable provisions that criminalise abortion, on grounds of them being discriminatory and contrary to the fundamental rights, as enshrined in the constitution.
The petition stated that the constitution protects the rights to life, body, privacy, liberty and freedom of choice. Giving birth to a child and accepting motherhood constitutes a significant part of these rights.
However, the provisions expressly violate such fundamental rights, the petition argued.
The laws in question are Sections 312-316 of the Penal Code 1860, which reportedly go against Articles 27, 29, 31, 32, 38 and 42 of the constitution.
Whether the law can impose motherhood is a different issue, the petition clarified, but in civic sense, the law should not impose it, since carrying a foetus should be a deliberate decision of the woman involved, it further said.
The provisions also curtail the choice of not giving birth to a child following torture or rape, it continued.
These specific provisions were enacted by the British, who changed their own laws in 1967, allowing abortion as a right all over England. But Bangladesh is still latching on to the colonial holdover, the petition added.
The petitioner said safe abortion is a woman's right, but the provisions force women to resort to illegal means for abortion, which tend to be unsafe and risky and lead to serious diseases including cancer.
A bench of two judges, Justice Tariq-ul-Hakim and Justice SM Kuddus Zaman, issued the rule, calling upon respondents to show cause as to why they believe otherwise.
Contacted, Dr Syeda opined that if the provisions change upon hearing of both parties, it will uphold the right to life, health, security and privacy of all women that the petition sought to represent.
She said it is not only about rights and freedoms, but also about addressing social evils such as rape and other forms of sexual violence.
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