High Court asks why five 'anti-abortion clauses' in penal code should not be revoked

The High Court on Tuesday issued a rule asking the authorities concerned, including the law secretary and Supreme Court's registrar general, to explain within four weeks why five "anti-abortion clauses" in the penal code should not be revoked and declared illegal. 

The High Court bench of Justice Tariq-ul-Hakim and SM Kuddus Zaman issued the rule after hearing a writ on this issue. 

Lawyer Syeda Nasrin filed the writ. Deputy Attorney General Amit Das Gupta represented the state during the hearing. 

"The five clauses of penal code consider abortion illegal and punishable offence," Syeda Nasrin said. 

She said most doctors and nurses do not want to do abortions in fear of a lawsuit. That is one reason why people wish that abortion needs to go to the houses of local doctors or nurses. 

"This sometimes leads to other health complications. It increases the risk of women developing cancer," she added.

Syeda Nasrin further said the number of street children and those in orphanages is increasing due to this. These clauses also do not have any facilities for the rape victims. 

"In many families, women are conceiving, and they have to give birth to children due to these clauses. These are the reasons why I filed the writ challenging the clauses," she further said. 

Clause 312 of penal code states, "Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine."

Clause 313 states, "Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."

Clause 314 states, "Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."

Clause 315 says, "Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both."

Clause 316 says, "Whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

"A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured but does not die; but the death of a quick unborn child with which she is pregnant thereby caused. A is guilty of the offence defined in this section."