LAHORE: The Lahore High Court on Wednesday sought replies from the federal ministry of law, the ministry of health and the Punjab government on a public interest petition challenging the law criminalising abortion, to the extent of rape survivors.

Justice Sajid Mahmood Sethi heard the petition, while Advocate Aasya Ismail argued on behalf of the petitioner.

The lawyer stated that the law in the country criminalises abortion under sections 338 and 338-B of the Pakistan Penal Code (PPC), describing it as intentionally ‘causing miscarriage’ except in cases where abortion is carried out to save the life of the woman.

She said the punishment of incarceration is merely flawed to exercise a woman’s right to pro-choice – the freedom to choose abortion.

She pleaded that the right to pro-choice, irrespective of women’s marital status, is not provided in cases of rape, fetus impairment, economic and social pressure, therefore, their protection is not available in the law.

The counsel argued that the healthcare providers need to understand that freedom to abortion is neither against the law, nor against religious injunctions, and all those seeking the right should be treated with respect. She said the Constitution failed to provide any fundamental right to pro-choice.

She contended that the impugned sections of the PPC, which addresses the subject of abortion, are vague and silent on the pro-choice.

She argued that a state cannot set a policy to control women’s bodies, terming it anti-democratic and a violation of fundamental rights.

The lawyer asked the court to decriminalise the abortion under the existing law to grant freedom to abortion as a fundamental right of the women of Pakistan.

Justice Sethi directed the respondents to submit their replies by the next date of hearing, to be fixed later by the office.

The judge also issued a notice to the attorney general for Pakistan for the assistance of the court on the matter.

Published in Dawn, March 7th, 2024