Punishment for Abortion in Bangladesh:
What is the punishment for abortion? How does one seek sanctuary in the law?
A victim of an unlawful abortion or unique crime has two options for filing a case. Such cases can be filed in either the courtroom or the police station.
If the victim wishes to file a case in court, she must see a lawyer. After showing all relevant documents and evidence connected to the incident to a lawyer, the victim must be informed of the cost of the lawsuit. Following the appointment of a lawyer, the victim may file a case to seek protection and compensation. To file the lawsuit, a lawyer must analyze all documents and evidence presented by the victim and file a complaint.
The matter may also be filed as a CR or petition in the court of the nearest Chief Judicial Magistrate or Chief Metropolitan Magistrate Court. After taking cognizance of the case, the magistrate would issue a summons or arrest warrant immediately to the accused based on his statement, in accordance with Section 200 of the Code of Criminal Procedure, 1898. However, in some situations, the magistrate may ask the police to investigate the case, and if the investigation report is deemed to be accurate, the court will issue a summons and arrest warrant directly.
Victim of Unlawful Abortion
The victim of an unlawful abortion must register a case and provide a statement at the nearest police station. If the case is accepted by the police, a duty officer will select an investigating officer who has the authority to arrest the accused and bring him before the court.
Furthermore, a victim can seek reparation under the Domestic Violence (Prevention and Protection) Act of 2010. This statute requires the victim to make an application for both protection and compensation with the nearest magistrate court. Based on the hearing, the court will mandate family protection and compensation. If the accused breaches the court’s order, the victim may file an appeal with the court independently under Section 30 of the aforementioned statute. After the evidence is presented against the violators of the protection order, the court may impose a six-month prison sentence, a taka 10,000 fine, or both.
The question of whether abortion should be legalized is still hotly debated around the world. It sits at the intersection of religion, politics, and law. The ongoing conflict between pro-life and pro-choice advocates undermines a woman’s right to her body.
In poor nations such as Bangladesh, there are numerous sociocultural problems that can influence a woman’s decision to give child. Bangladesh has among the highest rates of child marriage. Early marriage causes early pregnancy. Unicef Bangladesh discovered that one-third of young girls aged 15 to 19 are mothers or are already pregnant.
The reasons:
According to the Bangladesh Fertility Survey (BFS), 80% of married women under 50 agreed to abortion for pregnancy caused by rape or premarital sex, 53% accepted when the mother’s life was in danger, and only 17% wanted abortion for economic reasons. As a result, it is apparent that Bangladeshi women have many different reasons and are in agreement.
What exactly does the law say?
In Bangladesh, only the Penal Code 1860 addresses abortion and miscarriage. Sections 312-316 specify the sentence for causing miscarriage. Section 312 specifies that anyone who miscarries a pregnant woman shall be imprisoned for three years, fined, or both, and if the fetus is completely formed, the sentence may be extended to seven years. Women who perform abortions on themselves face the penalties listed above.
Since induced abortions are illegal, black market clinics take advantage of this chance. Despite the availability of facilities, women resort to performing illegal abortions under the guidance of unqualified individuals.
To avoid an unplanned pregnancy, these ladies subject themselves to dangerous situations. According to the Guttmacher Institute, an estimated 1,194,000 induced abortions occurred in Bangladesh in 2014, with many of these likely conducted in dangerous conditions or by unskilled clinicians.
Bangladeshi legislation allows women to regulate their menstrual cycles for up to 12 weeks of pregnancy, using vacuum aspiration if they miss their period. This was implemented as part of the government’s family planning program and is not regarded an abortive measure. It may be interpreted as a euphemism for early pregnancy termination.
According to the UN, repealing anti-abortion laws would save approximately 50,000 women’s lives each year around the world. Women who seek abortion services, whether to carry out the termination or to seek medical care after a miscarriage, may face prosecution and imprisonment in nations where it is illegal.
