In Malaysia, where contraception is a privilege for educated and informed family planning folks, unplanned pregnancies among unmarried young women is rising. The recent increase of baby dumping cases is alarming, and young women are shamed for getting pregnant out of wedlock.
Although we live in an era where information is readily available at our fingertips, most of us are still unaware or remain oblivious about the law and circumstances surrounding the issue of abortion in Malaysia. This is mainly due to the lack of knowledge and the social stigma that revolves around the topic.
Is abortion legal in Malaysia?
Generally, all kinds of voluntary abortions are illegal in Malaysia, however, there are certain exceptions.
Exception
There have been two amendments made to Section 312 of the Malaysian Penal Code
- First amendment was made in 1971 where abortion was allowed to save a woman’s life; and
- Second amendment made in 1989 to allow abortion to preserve a woman’s physical and mental health.
What does Section 312 of the Malaysian Penal Code states?
Section 312 states that abortion is permitted if a registered medical practitioner is of the opinion, formed in good faith, that the continuance of the pregnancy would be a threat to the woman’s life or cause injury to the woman’s physical or mental health.
‘Good Faith’
- Only a registered medical practitioner has the power to determine “in good faith” whether the pregnant woman’s life or health is at risk if she continues with the pregnancy.
- The good faith requirement is crucial as illustrated in Public Prosecutor v Nadason Kanagalingam [1985] 2 MLJ 122, where it should only be done as a last resort to save the life of a woman or to save a woman from becoming a mental wreck.
Is abortion allowed under special circumstances?
in Malaysia a woman cannot or does not have the privilege of choice to have an abortion on any other special grounds unless the mother’s life is in danger even if the pregnancy was a product of rape, in cases of fetal impairment, or for other socio-economic reasons.
Conclusion
Although abortion is permitted in Malaysia under certain exceptions, many are facing difficulties in accessing abortion information and services due to a lack of clear interpretation and understanding of the law.
Many still fear the stigma of being abortion providers, thus, many doctors and clinics provide abortions ‘on the quiet’.
Malaysia’s poor sex education, stigma towards safe sex discussions, cold treatment of women with unwanted pregnancies, and lack of support for children with no father have caused many mothers, often young women who are unable to care for a child, to opt for unsafe and/or illegal abortion.
Many questions are still left unanswered and gaps left unfilled in Malaysia due to lack of detailed requirements and broader exceptions regarding abortion. As a result, this has led to more illegal and unsafe abortion.
