JULY 9 ― The effect of the publicity resulting from the heated abortion controversy in the US is probably a good thing by opening up the issue for more public discussion on a taboo topic as raised in your exhaustive article. (Malay Mail, July 7, 2022). In the US, pro-choice advocates are seeing this as a national health crisis which will no doubt be be borne out by the facts in due course.

Interpretation and discussions

I am concerned over how discussions over our penal code continue to emphasise its "illegality” rather its "conditional legality”. I have likened this is to saying that driving a car is "illegal.” It is not, of course, but merely conditional on many factors such as the drivers’ age, the car approved as mechanically safe and its coverage by accident insurance.

Although Penal code Act 574 section 312 has not been challenged in court, I feel the wording of the exception clause is quite clear and not, as is often said, to be 'vague and equivocal'.

The provider

The requirement for the terminations has to be provided by a duly qualified medical practitioner is actually redundant as ALL medical procedures MUST, by law, be performed by them.

Opinion in good faith

The doctor's opinion has to be "made in good faith”. That clearly means it can only be rejected if it can be proven that the doctor has an ulterior motive rather than the client's welfare in mind eg. for financial gain or to satisfy a third party's request. This can be covered if the client gives her written consent without any outside coercion.

Risk to physical health

Then the question over what constitutes "the risk to the life of the pregnant woman, or injury to the mental or physical health of the pregnant woman”. This must be weighed against the risk to her "if the pregnancy were not terminated.” I agree that the risk to "mental health” is the most difficult to define. But risk to 'life' or injury to 'physical health' is more easily justified.

Statistical risks

On weighing the risk to her physical health against a termination would have been a difficult condition to fulfil a hundred years ago. However, new medical technology on pregnancy termination both via medication and surgical intervention has made it very safe. The statistics on mortality rates of a full term pregnancy in the US show that it is 14 times higher than that of a termination in early pregnancy (under 12 weeks).

Forced pregnancies, the implications for women

Thus this would be the mortality risk that an abortion ban will impose on women wanting to terminate an unwanted pregnancy. That is aside from many other non-fatal medical complications that may arise during the pregnancy which are virtually absent in terminations of early pregnancy.

* Dr SP Choong is coordinator for the Reproductive Rights Advocacy Alliance Malaysia.

** This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.