The need for rethinking the law relating to abortion in Sri Lanka: A critical examination

Abstract

There are many arguments for and against the law of abortion around the globe. Though Sri Lankan law has remained static on the subject, many of the ideologies and the laws of other countries have changed with the ground realities. Under the Sri Lankan law, abortion has been criminalized under sections 303 to 306 of the Penal Code. Since the enactment of the Penal Code of Ceylon in 1883, there has been no amendment brought about for the provision relating to abortion. However, in recent decades, increased interest has been focused on laws of abortion and attempts have been made to reform the laws of Sri Lanka. This situation has reached its climax with the effort of the recent cabinet paper on amending the current law on abortion. This research paper examines whether the existing law relating to abortion in Sri Lanka adequately addresses the social realities and if not, how the existing law be reformed especially, with reference to neighboring India. At the same time, the historical foundation and background of the law pertaining to abortion was also discussed briefly. This research was conducted primarily as a qualitative research, mostly using secondary sources. This paper, while examining the global trends relating to abortion, identifies that the jurisdictions around the world permit abortion on seven grounds while Sri Lanka accepts only one of them. However, the research concludes that it would not be advisable for Sri Lanka to adopt criteria which underpin strange ideologies. The principles, culture and the moral values that underlie the Sri Lankan society must be seriously considered in deciding appropriate amendments. Similarly, it is vital to maintain a balance between providing access for termination in genuine cases and to ensure that the law is not abused.

Keywords

• abortion
• penal code
• reforms
• ideologies
• amendments