In Sri Lanka, due to the clandestine nature of induced abortions, there is a lack of reliable data. Various studies estimate induced abortion number anywhere between 150 000 to 175 000 abortions per year.

A study conducted by the World Health Organization in five tertiary care institutions showed that 6.5 percent of cases were either “certainly induced” or “probably induced”, and a further 16% were possibly induced. Data provided by the Ministry of Health also indicates that 7 – 16% of all admissions of females to government hospitals are probably due to complications of induced abortion.

In 2008, ASAP planned a multi-country study that went beyond the community- provider interface and explored the views of gatekeepers such as lawmakers and implementers who are outside the service provision field. The findings from the interviews of 50 legal professionals in Sri Lanka are presented against the overview of the abortion statistics and the legal context of abortion in the country.

Abortion Trends:

Six of the respondents, equal number of males and females, were unaware of the number of abortions that took place in the country. The remaining 19 gave different numbers and these ranged anywhere from 1000 to 1,50,000 per year. Almost all said that these were unsafe abortions sought usually by poor, illiterate women from rural areas.

A Magistrate commented, “It is mainly due to unawareness about reproductive health, contraceptive methods etc. This makes women resort to unsafe methods to terminate unwanted pregnancies. Mostly these are poor and ignorant women.In rich class also it is happening,but it is not reported”.

Abortion Law:

The respondents felt that the current stipulations were restrictive and should be liberalized to accommodate abortions in case of foetal deformities, poverty, under-aged
mothers, and pregnancies resulting from rape and incest. Some were categorical in their criticism and said that the present law does not reflect the need of the society, is anachronistic and unfair.

A Senior Attorney said, “The law needs to be amended because it does not recognize social needs. See the alarming increase of abortions; it shows the necessity of amending the law. More specifically when a rape victim conceives or when there is a deformity in foetus it is better to allow such abortions”.

Abortion As A Right:

All respondent except one agreed that the foetus once viable has a right to life too.
Senior lawyer:

“I feel, law must give the mother a complete freedom to decide whether she want the child or not.. I feel abortion should be decriminalized. Fetus also has a right too. If did not come voluntarily.There should be a balance between mothers’ rights and fetus rights”.

The one who did not agree justified his stance as,

“Foetus need not be treated as a life; it does not have a mind”.

Discussions:

There have been indirect reference to abortion is contained in a section on women’s rights in the bill in the recent past. 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.”

However, as long as the implementers and enforcers of the law are themselves unaware of the intricacies of the law and opposition to expansion of services in the current context, as evident from the findings of this study, the right of women to terminate an unwanted pregnancy through safe methods, would remain a distant dream.