Inviting analysis of the law on abortion, Section 302, from a true story
The criminal law on abortion, Section 302, states that anyone who causes a woman to have an abortion with her consent shall be liable to imprisonment for not more than five years, or a fine of not more than one hundred thousand baht, or both. Let’s analyze this law from a true story…
Saa (a pseudonym), 24 years old, became pregnant with her ex-boyfriend who she broke up with because he used drugs and was abusive. Saa couldn’t endure it anymore and decided to leave. After that, they lost contact. Saa already had two children; the eldest stayed with her ex’s family, and the youngest stayed with her. Saa did not want to have a child with this boyfriend. At four months pregnant, she went to a recommended place to have an abortion for a fee of 7,000 baht. They injected something into her vagina through a tube, and Saa felt a lot of pain. The person who injected it said to wait 1-3 days for it to pass, but nothing happened. Saa went back for another injection, but it was the same. The following week, she decided to try the same method again, returning with severe abdominal cramps, but nothing came out except blood mixed with the injected fluid.
Saa felt very worried, concerned for her youngest child too. If something happened to her, the child would surely suffer. Later, she learned about the unplanned pregnancy hotline 1663. Saa called and received counseling and assistance, so she decided to travel by free train from the south to Bangkok.
If analyzed according to criminal law Section 304 on abortion, “Anyone who merely attempts an abortion or consents to an abortion shall not be punished.” This means that the 7,000 baht saved and given to the person performing the abortion, though unsuccessful, cannot be used to prosecute the person who injected the fluid into the vagina, even though it was an act that risked infection and could have led to Saa’s death. In reality, it is “illegal abortion.”
But Saa received help to have a safe life and returned home to care for her child, thanks to a doctor at a hospital in Bangkok. It seemed the story ended well, but the reality was different. Why? Although the doctor successfully and safely terminated Saa’s pregnancy, it put the doctor at risk of being charged under criminal law Section 302, requiring legal proof that the doctor acted under the conditions of criminal law Section 305 regarding health issues.
As for Saa herself, she also risked being charged under criminal law Section 301 because the abortion was successful, even though she was safe. Ultimately, the law allows illegal abortionists to continue profiting from women’s suffering… Where is the justice?