Photo courtesy of Daily Express Malaysia
In a country where abortion remains criminalised under colonial-era laws dating back to 1883, Sri Lanka has long denied women the fundamental right to make decisions about their own bodies. The recent proposal to amend these laws – allowing for pregnancy termination in cases of unviable fetal abnormalities – has been welcomed by many, including the Sri Lanka Safe Abortion Coalition (SLSAC). However, this limited reform is far from sufficient and it exposes deeper systemic issues: the exclusion of women from decision making, the medicalisation of a fundamentally human rights issue and the persistent stigma and patriarchal control over women’s reproductive choices.
The SLSAC has cautiously welcomed the proposal, recognising it as a potential first step toward a more just and compassionate legal framework. Yet the coalition is clear in its stance: the proposed amendment is far too narrow. Limiting access to abortion solely on the grounds of fatal fetal abnormalities does not address the broader reality of why women seek abortions, including cases of rape, incest, lack of access to contraception, economic hardship or simply the choice not to continue a pregnancy.
The proposed reform has been driven by three medical colleges: the College of Community Physicians, the College of Obstetricians and Gynecologists and the College of Pediatricians. While their involvement is important, their dominance in drafting this amendment is problematic. It reflects a persistent trend of viewing abortion solely through a clinical lens, ignoring the complex social, economic and human rights dimensions of reproductive health.
Most strikingly, these medical bodies have proceeded without consulting key stakeholders such as women’s rights organizations, civil society advocates and the Ministry of Women and Child Affairs. This exclusion is not just an oversight; it is a continuation of a longstanding pattern of sidelining women from decisions that affect their lives and bodies. It is particularly troubling that nearly all those involved in drafting these recommendations are men, reinforcing the patriarchal tradition of men legislating women’s bodies without their input.
Abortion is not merely a medical issue; it is a matter of human rights. Denying someone the ability to terminate a pregnancy, especially in cases of rape, incest or lethal fetal conditions, can amount to cruel, inhuman and degrading treatment. International human rights bodies, including the UN Human Rights Committee, have consistently affirmed that forcing individuals to carry such pregnancies to term violates their right to health, equality and bodily autonomy. The landmark KL v. Peru case in 2001 set a precedent, ruling that denying a 17 year old girl an abortion despite a diagnosis of anencephaly constituted a violation of her rights.
Lawyer Uda Deshapriya noted that the criminalisation of abortion means that women fear prosecution even when seeking post-abortion care. This leads to delays in treatment and, in some cases, preventable maternal deaths. The stigma and legal barriers surrounding abortion not only harm individuals but also undermine public health.
Despite its illegality, abortion is not uncommon in Sri Lanka. A 2010 study of 665 women who had undergone induced abortions revealed that 71% were aware of a provider before deciding and 69% learned about providers through friends or relatives. These statistics highlight the informal networks women rely on to access abortion services, often at great risk to their health and safety.
In recent years, access to medications such as Misoprostol, a safe and effective method for medical abortion, has led to a dramatic drop in maternal deaths from septic abortion from 13.4% in 2011 to 4.5% in 2021. However, these gains remain fragile in the face of ongoing criminalisation, which continues to drive abortion underground.
The government, elected with a two thirds majority under promises of political and social transformation, appears to be retreating from its commitments. The August 2024 National People’s Power (NPP) manifesto included a pledge to implement the 2012 Law Commission’s recommendations to expand legal grounds for abortion to include rape and serious fetal impairment. Yet these reforms remain deeply inadequate and half-hearted, failing to meet the real needs of women.
Media coverage has largely focused on appeasing conservative religious voices, avoiding the necessary scrutiny of the amendment process. Activists and women’s rights groups have been notably absent from the national conversation and even the Ministry of Women and Child Affairs has been marginalised. Deshapriya pointed out that media silence and the government’s performative progressivism, bolstered by the presence of a female prime minister, have weakened public accountability.
The SLSAC and allied activists are clear that full decriminalisation of abortion is the only path that upholds human rights, ensures equity and respects women’s autonomy. Decriminalisation would mean removing abortion from the Penal Code entirely and treating it as a healthcare issue – one that can be safely managed, even at home, with modern medical advancements.
There is no need to wait for infrastructure, new policies or additional regulations before taking this step. Misoprostol is already included on the WHO’s Essential Medicines List and post-abortion care is part of the healthcare system. Barriers to access persist not because of medical limitations but because of moralistic policies, stigma and patriarchal control.
The current contraceptive programme excludes many women, especially single and non-cisgender individuals, focusing narrowly on married cisgender women within the framework of family planning. This exclusion increases the risk of unintended pregnancies and further underscores the need for comprehensive reproductive healthcare including access to abortion.
The proposed amendment marks a small, symbolic step but it is not enough. Women in Sri Lanka deserve more than limited exceptions and male dominated decision making. They deserve autonomy, dignity and the right to choose. As the SLSAC has made clear, reproductive rights are human rights, and reproductive justice will only be achieved with the full decriminalisation of abortion and the meaningful inclusion of women in shaping the laws that govern their lives.
The conversation must shift away from policing women’s bodies and toward empowering them. Until then, reforms will remain hollow and justice will remain out of reach. By holding space for women’s voices and not just doctors, politicians or religious leaders, Sri Lanka can finally begin to undo the harm of a law that has outlived its time and purpose.