Abortion is a procedure to terminate a pregnancy. It is either done by taking medicines or performing a surgical procedure.
If you are less than 10 weeks pregnant, you can have a medical abortion at home after an initial appointment with a doctor in Pakistan.
Abortion is of two types i.e., medication abortion and Procedural abortion.
- In medication abortion, medicines are used to end the pregnancy. It is also known as abortion with pills or medical abortion.
- In procedural abortion, a procedure is done to remove the fetus or pregnancy from the uterus. It is also known as surgical abortion.
Spontaneous abortions which occur on their own are known as miscarriages. Miscarriages can occur due to various reasons like disease, genetic defect, trauma, biochemical incompatibility of fetus and mother.
Abortions are intentional and induced and are made after making a decision, while miscarriages are spontaneous.
Well, now let’s come to the point.
Many people have this question in their minds: Is Abortion legal in Pakistan? Let’s look into the facts and figures and associated abortion law in Pakistan.
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Is Abortion Legal in Pakistan?
As per a 2012 survey:
“Pakistan has an annual abortion rate of 50 per 1000 women. This is the highest in South Asia and one of the highest in the world.”
As per a 2002 survey:
“Pakistani women experienced about 2.4 Million unintended pregnancies and approximately 900,000 of these pregnancies were ended by induced abortion”
Pakistani women are clearly looking for abortions, and medical practitioners usually refuse to perform abortions or do so in secret. Both abortion seekers and doctors tend to believe that abortion is against religion (Islam) or Pakistani Abortion Law.
In Pakistan, just over 20 years ago, induced abortion was legal only to save the life of the woman.
In 1997, the Pakistan Penal Code (PPC) added a clause to Chapter XVI, Section 338: Induced abortion is also permissible ‘before the limbs and organs of the baby have been formed’ for the purpose of “necessary treatment”. This condition, regarding limbs and organs, is based on Islamic law. It states that induced abortion is permitted until the quickening of the fetus (up to 20 weeks of pregnancy).
Induced abortions that cross these conditions may be punished with prison sentences ranging from 3-10 years, according to lawyer Sarah Malkani. He said that there have been no cases of Imprisonment for abortion-related violations.
Abortion Law in Pakistan
As per the Abortion Law in Pakistan by Center for Reproductive Rights:
338. Isqat-i-Hamal. − Whoever, causes woman with child whose organs have not been formed, to miscarry, if such miscarriage is not caused in good faith for the purpose of saving the life of the woman, or providing necessary treatment to her, is said to cause Isqat-i-Haml.
338-A. Punishment for Isqat-i-haml.
Whoever, causes isqat-i-haml shall be liable to punishment as ta’zir-
(a) with imprisonment of either description for a term which may extend to three years, if isqat-i-haml is caused with the consent of the woman, or
(b) with imprisonment of either description for a term which may extend to ten years, if isqat-i-haml is caused without the consent of the woman.
Provided that, if as a result of isqat-i-haml, any hurt is caused to woman or she dies, the convict shall also be liable to the punishment provided for such hurt or death as the case may be.
338-B. Isqat-i-janin.− Whoever, causes a woman with child some of whose limbs or organs have been formed to miscarry, if such miscarriage is not caused in good faith for the purpose of saving the life of the woman, is said to cause Isqat-i-janin.
Explanation:
A woman who causes herself to miscarry falls under this section.
338-C. Punishment for Isqat-i-janin.
Whoever causes isqat-i-ianin shall be liable to,
(a) one-twentieth of the diyat if the child is born dead,
(b) full diyat if the child is born alive but dies as a result of any act of the offender, and
(c) imprisonment of either description for a term which may extend to seven years as ta’zir
Provided that, if there are more than one child in the womb of the woman, the offender shall be liable to separate diyat or ta’zir, as the case may be for every such child.−
Provided further that if, as a result of isqat-i-fanin, any hurt is caused to the woman or she dies, the offender shall also be liable to the punishment provided for such hurt or death, as the case may be.
Consequences of Unsafe Abortion in Pakistan
Unsafe abortion in Pakistan majorly leads to avoidable illness and death.
Many studies reveal that when women who had unsafe abortions reach medical facilities, commonly suffer from various postabortion complications, including hemorrhage, incomplete abortion, excessive bleeding, trauma to the reproductive tract, sepsis, adjacent anatomical areas, etc.
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Excessive bleeding can have life-threatening results, including shock or anemia. Moreover, lacerations or perforations can also occur in the vagina, uterus, or cervix.
As a result, removal of the uterus (Hysterectomy) is performed which leaves the woman infertile, permanently.
If the condition is not addressed on time, then sepsis can cause peritonitis (inflammation of the abdominal lining), kidney failure, septicemia (blood poisoning), septic shock, etc. All of these conditions are life-threatening.
In 2002, approximately 197,000 women were hospitalized for unsafe abortion complications. This accounts for 6.4 hospitalizations per 1000 women (aged 15-49).
Top Gynecologists in Lahore for Abortion & Normal Delivery
Why Do So Many Women Have Abortions in Pakistan?
Despite health risks, illegality, stigma, and many more, why do women have abortions in Pakistan?
One of the most common reasons is the Unintended pregnancy. Moreover, poverty and having had all the kids they want are the 2 most common reasons given by the women as their reason for abortion.
Studies (1,2) conducted in the four provinces of Pakistan showed the following results:
- 54% of Women said that they couldn’t afford to have another child
- 55% of Women said they have enough children
- 25% of Women said it was too soon to have another child
- Poverty, too many children, and unemployed spouses were also common reasons for abortion among women.
These findings show that many married couples have difficulties in having contraception or using it correctly which leads to abortion as a backup when unintended pregnancies occur.
You can also watch this video by Dr. Samina Toufeeq in which she talks about how to conceive after miscarriage (abortion ke baad pregnancy kab karni chahiye).
Final Words
The answer to the question: “Is abortion legal in Pakistan?” is Yes, only under some medical circumstances where the life or health of a woman is at risk.
The women in Pakistan have relatively low levels of contraceptive use and high levels of fertility which leads to unintentional pregnancies and women use abortion as part of their strategy to avoid unwanted births.
If you have any issue or query regarding abortion or want a legal and safe abortion, then you can consult the best doctors for abortion in Pakistan via Marham.
Frequently Asked Questions (FAQs)
1. What is the penal code for abortion in Pakistan?
According to articles 338 and 338(B), termination of a pregnancy is a punishable crime unless it is caused under ‘good faith’, or to save the life of the woman through the ‘necessary treatment’ to her.
2. What is the solution to unwanted pregnancy?
Unintended pregnancy and its negative consequences can be prevented by using emergency contraceptive pills, safe and legal abortion services, etc.