SRI LANKA: Proposed Bill Indirectly Refers to Abortion Rights

By Feizal Samath Reprint | | Print |

Feizal Samath

COLOMBO, Jun 15 2004 (IPS) - When a participant rejoiced at a recent Sri Lankan discussion on the proposed Women’s Rights Bill, others bluntly told her to remain silent. She had spotted a section that subtly deals with the controversial issue of abortion.

“Shoo … don’t talk about it,” urged Sunila Abeysekera, the head of INFORM, a human rights NGO.

“At least we have it in this bill,” she said, while trying to control her laughter.

Abeysekera’s concern was understandable.

Abortion is illegal in Sri Lanka except when a mother’s life in danger. Women’s rights groups and pro-abortion lobbyists have struggled to push legislation through parliament in the past decade but failed due to opposition from legislators.

“It is most likely to get thrown out this time too. But at least we have to keep trying,” noted another women’s activist, who declined to be named.

The indirect reference to abortion is contained in a section on women’s rights in the bill.

It says: “Women shall enjoy equal rights in all areas of private life including rights within the family and their private lives, and the right to control their bodies and rights relating to child birth.”

Activists said this encompasses the right of a woman to decide on abortion – a touchy issue in Sri Lanka.

Previous governments have been unable to proceed with legislation to permit abortion even under circumstances of rape or incest due to fierce opposition from legislators on the grounds that it is a moral issue.

The proposed bill on women’s rights was introduced for public discussion by the former United National Party (UNP) government just a few weeks before the Apr. 2 national elections in what was seen as an effort by the ruling party to use it as a political tool to woo women’s votes.

In the Apr. 2 polls, President Chandrika Kumaratunga’s United People’s Freedom Alliance (UPFA) narrowly defeated former prime minister Ranil Wickremesinghe’s UNP. But the UPFA lacks a majority in parliament to pursue its legislative agenda.

Females represent 51 percent of Sri Lanka’s population. Women are also the main drivers of the economy, heavily involved as workers in the plantation and garment sectors and as domestic workers overseas.

In September 1995, former Justice and Constitutional Affairs Minister Professor G.L Peiris tried to introduce amendments – as part of a revamp of the Penal Code – to legitimise abortion in the case of incest and rape.

But even before he took the process to parliament, MPs – while discussing other Penal Code amendments – strongly objected to the pro-abortion proposal, forcing him to abandon the move.

”It was appalling. Even before bringing the amendment to parliament, legislators were opposed to it disregarding the fact that there are children as young as 12 affected by rape or incest,” INFORM’s Abeysekera told IPS.

In early June, the country’s premier family planning body repeated earlier pleas for abortion to be legalised in the case of incest, rape and contraceptive failure.

Ariya Abeysinghe, executive director of the Family Planning Association (FPA), told a news conference that some 1,000 illegal and unsafe abortions are taking place daily.

“Sri Lanka needs some sort of legislation to stop abortion- related deaths. Getting an abortion is not a big problem for rich people but it is a problem for the poor. They die or suffer various health problems,” he told reporters.

Dr Sriyani Basnayake, FPA medical director, told the same press conference that many women are unnecessarily exposed to unsafe abortion practices. “It causes irreparable damage to their reproductive systems and extensive trauma,” she said.

Basnayake said anti-abortion laws should be relaxed in cases of incest, rape and contraceptive failure in the first instance.

FPA officials said while wealthy Sri Lankan women could travel abroad to have abortions, the poor, however, had no choice but to seek a cheap local doctor or village physician who often performs surgery under dangerous conditions.

The proposed Women’s Rights Bill, officials said, drew some 600 responses after a public appeal calling for comments on its contents was published in local newspapers and aired on television.

The proposed legislation also provides for the setting up of a commission for women and a women’s advisory council for the “protection, promotion and advancement of the rights of women in Sri Lanka.”

The commission also will be entrusted with tough powers to investigate complaints, summon witnesses – including anyone from the private sector – and seek prosecutions through the Supreme Court for violations under the bill.

P Pathiranage, legal officer at the state-run National Committee for Women (NCW), which lacks punitive powers, said the proposed legislation has powers to deal with many complaints that the NCW now gets.

He told IPS that in the last few years, the NCW has been getting an average of 100 complaints a month from women on various issues relating to sexual abuse, discrimination and harassment in the workplace and domestic violence.

At the present moment, complaints from the NCW are forwarded to the Human Rights Commission that, ironically, also lacks legal clout and can only recommend action to the government.

At a recent discussion on the bill called by the Centre for Policy Alternatives (CPA), women’s groups welcomed the decision by the new UPFA government to proceed with the proposed legislation. The usual practice had always been to undo the work of an earlier government.

Officials from the Ministry of Women’s Empowerment and the NCW told participants at the CPA discussion that the new government had agreed to support the bill initiated by the former ruling UNP. The deadline for the receipt of public submissions on the draft bill, which was earlier scheduled to end in April, has been extended to Jun. 30.

But participants at the think-tank’s discussion forum raised many concerns.

Bhavani Fonseka from the CPA, in a background paper providing a critique on the proposed legislation, said there was a lack of clear understanding on the relationship between the bill’s commission and its advisory council.

She warned about a possible overlap of functions between the bodies.

But Indrani Iriyagolle, former chairperson of the NCW during the UNP regime urged all parties to give the proposed bill an opportunity.

”I’m glad we’re having this discussion and discussing the contents of the bill. Nothing is perfect. So is this bill,” she told the forum.

”We have come this close. Don’t let it get lost,” she pleaded.