Posted on 09/09/2001 4:30:05 AM PDT by krodriguesdc
Horror abortion raises key questions
Thongbai Thongpao
Readers of Thai Rath, the biggest selling Thai daily, were recently treated to the shocking headline: ``Ruthless abortion doctor cuts off arm of 8-month-old baby'', accompanied by pictures of the dead baby and its young mother.
The mother, an 18-year-old Nonthaburi schoolgirl, was brought to the clinic in Ayutthaya to get an abortion by her own parents.
The fee charged for the illegal service was 20,000 baht.
An Ayutthaya doctor pointed out that no pregnancy should be aborted at such a late stage. Even a 7-month-old foetus can easily survive premature delivery.
The baby in question weighed 2.9 kilogrammes and would definitely have lived if delivered normally.
Such an abortion also seriously endangers the mother, who in this case was lucky to escape with her life.
Unfortunately, the case is not unique.
Abortions, both by doctors and amateurs, go on all the time.
No matter how frequently police raid the clinics, after one is closed, another springs up.
But despite the law, young women who need to save face are left with no choice.
Deteriorating morality and ignorance of contraception results in many untimely pregnancies and such tragedies as we saw this week will definitely not be the last.
In this case, charges will be pressed against all concerned parties.
The abortion doctor and assistants will be charged under Section 302 of the Criminal Code, which states: ``Whoever procures a miscarriage of a woman with her consent shall be punished with imprisonment not exceeding five years or a fine not exceeding 10,000 baht, or both.''
If the woman suffers ``grievous bodily harm'', the offender faces imprisonment not exceeding seven years or a fine not exceeding 14,000 baht, or both.
If the woman dies, the offender faces imprisonment not exceeding ten years and a fine not exceeding 20,000 baht.''
The mother is also subject to Section 301, which says: ``Any woman who procures her own miscarriage, or allows any person to procure her miscarriage, shall be punished with imprisonment not exceeding three years or a fine not exceeding 6,000 baht, or both.''
However, a murder charge is unlikely to be pressed as the foetus, which died in the mother's womb, is not considered a person yet under Section 15 of the Civil and Commercial Code.
The parents of the mother are also liable.
The tragedy should therefore be heeded by all because it reflects another dark side of society. We need to find ways to solve or at least alleviate the problem.
Actually, the law allows for abortions to be performed in two cases _ when pregnancy is the result of rape and for the sake of the mother's health (Section 305) _ provided the operation is performed by a certified doctor.
Recently, a proposal has been made to extend the scope of permissible abortions by amending Section 305. The proposed amendments would also allow abortions in such instances as when a mother has Aids or measles, when the foetus is not in good shape, as well as for economic reasons such as when the parents cannot afford to raise the child or give it a proper education. If such cases apply, abortions will be permitted provided they are performed by a certified doctor.
The proposal now faces strong opposition on moral and ethical grounds, as Buddhist teachings stipulate the sanctity of life.
Proponents claim that if the door is closed too tightly, more lives might be claimed as exemplified in this case. They argue that relaxing the abortion law is more beneficial than outlawing it, which only leads to even worse consequences because abortion can never be effectively stamped out. Meanwhile, the fight will continue, as will the tragedies.
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