Several East European counties have relaxed the law to permit abortion within 12 weeks of pregnancy on medical grounds or any abnormality of the embryo. The picture shows a rally in support of legalising abortion 

• In Sri Lanka, abortion is permissible only on medical grounds to save the life of the mother
• A Minister proposed in 2012 to relax the regulations pertaining to abortions but it wasn’t accepted due to protests from religious dignitaries

A leading medical expert attached to the JMO Karapitiya Teaching Hospital Dr. Rohan P. Ruwanpura has pointed out the need of permitting abortion in case of justifiable humanitarian, social and medical scientific requirements.  

He said that gender violence, sex abuse and rape of underage girls have been going on unchecked and that about 2000 child mothers had been reported for the last year according to a survey of the National Child Protection Authority. Dr. Ruwanupura pointed out that a 12-year-old schoolgirl from a village close to Galle, who complained of a stomach ache, was examined and what was revealed was that she was three months pregnant!  

Fear of stigma 

“She had been raped, when she was all alone in the house, by an elderly man of 51 years of age and living in the neighbourhood. However, she hadn’t divulged details of the ordeal in fear of any possible violence being unleashed by the villain who raped her under intimidation. It is a matter of serious concern whether this underage girl could bear the brunt of child motherhood, or there will be anyone to take responsibility for the child. 

 
“Underage girls and women subjugated to rape, in fear of stigma, get rid of the child by leaving the new-born by the roadside, by selling the child, allowing adoption by another party, or as the last resort take to destroying it.  
“Former Minister of Justice Ali Sabry, on March 08, 2021, had stated in parliament that he had accepted in principle that the current regulations pertaining to abortion should be amended and that proposals, if any, would be entertained regarding the matter.  

Stringent laws lead to illegal abortions. Girls and young woman who resort to illegal abortion are often raped by quacks performing the abortion. Unsafe abortions are performed by quacks and untrained individuals. They do not possess the skill to perform a proper abortion. When it result in profuse bleeding the victim enters the hospital complaining that she had had a fall. In developed countries, the mother is examined by a well-qualified panel of medical specialists prior to abortion

- Dr. Rohan P. Ruwanpura, 
JMO Karapitiya Teaching Hospital

The stigma associated with, the economic constraints facing her and the possible delicate health of the mother that leads to illegal abortion should be considered. However, abortion should be allowed within a legal framework and not be misused

- Achini Jayampathi, Development Officer of Galle District Secretariat

“Abortion was legalised recently by France and it was the only country to incorporate in the constitution the right of abortion. However, relaxing the current law pertaining to abortion has been restricted in Sri Lanka by religious dogmas and other ideologies. In Sri Lanka, abortion is permissible only on medical grounds to save the life of the mother.   

 “It is not possible to debar the scientific advancement. An abnormal condition in the embryo, if any, can be examined within the first 12 weeks of pregnancy,” he said.   

The doctor added several East European counties, including Russia, Czechoslovakia, have relaxed the law to permit abortion within 12 weeks of pregnancy on medical grounds or any abnormality of the embryo. India has allowed abortion. Abortion can be performed within 12 weeks of pregnancy with minimum complications. If the abortion was not complete it would result in infections.

Any individual found guilty of illegal abortion is liable to a three-year imprisonment or a fine or both. In case an abortion is performed when the mother is on the verge of delivery the accused would be liable to a seven year imprisonment. In case of forced abortion or maternal mortality due to abortion, the performer of the abortion would be liable to a 20 year imprisonment

- Attorney at Law Rajani Abewickrama, Graduate in Forensic 
Medicine and Acting Magistrate

It (Abortion) is a matter that should not even be spoken about. The traditions protected in the country should not be undermined and our social values have not degraded to that level. Sri Lanka has inherited an age-old culture based on Buddhism and it is entirely different from the culture of foreign countries

- Chief Incumbent of Karandugoda Kshetrarama Temple, Korathota Assajee Thera

“Stringent laws lead to illegal abortions. Girls and young women who resort to illegal abortion are often raped by quacks performing the abortion. Unsafe abortions are performed by quacks and untrained individuals. They do not possess the skill to perform a proper abortion. When it result in profuse bleeding the victim enters the hospital complaining that she had had a fall.   

“In developed countries, the mother is examined by a well-qualified panel of medical specialists prior to abortion. This examination and abortion are performed at a recognised medical institution by qualified doctors. In our country, only the affluent get abortions performed at a hospital at heavy expense while the poor depend on quacks. Prof. G.L. Peiris, when he was Minister of Justice, proposed in parliament that abortion should be allowed on justifiable humanitarian grounds, but it failed,” Dr.Ruwanpura said.   

A Development Officer of Galle District Secretariat Achini Jayampathi is mother of two children. She said that a woman had a right to be a mother, but an underage girl, delivering a child due to an unexpected pregnancy due to sexual violence, is a matter of serious concern.   

“It is an ordeal for her and her new born or conceived child as well. The stigma associated with, the economic constraints facing her and the possible delicate health of the mother that leads to illegal abortion should be considered. However, abortion should be allowed within a legal framework and not be misused. Abortion should not serve as a concession for sexual misconduct and subsequent abortion,” she further said.   
A graduate in Forensic Medicine and Acting Magistrate and Attorney at Law Rajani Abewickrama said that when there are already several children in the family and if another child is conceived-and given that the mother is in poor health and battling economic constraints- the pregnant lady may be compelled to depend on abortion. The miscarriages and abortions reported from counties all over the world is between 45,000 and 50,000. However this would not include the abortions performed by private sector doctors and those facilitated by using unauthorised drugs.  

“In terms of Section 303 and 307 of the Penal Code, abortion in Sri Lanka is allowed to save the life of the mother. Any individual found guilty of illegal abortion is liable to a three-year imprisonment or a fine or both. In case an abortion is performed when the mother is on the verge of delivery the accused would be liable to a seven year imprisonment. In case of forced abortion or maternal mortality due to abortion, the performer of the abortion would be liable to a 20 year imprisonment.  

“However illegal abortions have been continuing unchecked. In this view, the Minister of Children and Women Development in 2012 proposed to relax the regulations pertaining to abortions. But this proposal failed to receive acceptance due to protests from religious dignitaries. It is imperative that the girls of adolescence are provided with sex education. This type of education should be made compulsory in schools in the country. The only way to save school children from sexual violence is to provide them with sex education,” she said.  

However Deputy Chief Sanghanayake of the Amarapura Chapter in the Southern Province Sri Dhammarakshitha Wansalankara Thera and the Chief Incumbent of Karandugoda Kshetrarama Temple, Korathota Assajee Thera, strongly oppose the opinion that abortion should be permitted by the law. They maintain that abortions would result in destroying life of a human being that is to be born. “It (Abortion) is a matter that should not even be spoken about. The traditions protected in the country should not be undermined and our social values have not degraded to that level. Sri Lanka has inherited an age-old culture based on Buddhism and it is entirely different from the culture of foreign countries. However, the Sri Lanka is already facing the threat of social degradation and abortion would give and impetus to it,” the priest said.