Abortion

Today my friends and i were talking about pregnancy and what are we going to do with it if unwanted incident really happens...Is abortion legal in Malaysia or should we carry on with having the baby? The question of how to raise the baby comes into the dilemma. Besides that what if something happens during the abortion process and the life of the patient is endangered? Can we eventually take legal action if there is any failure or dissatisfaction? There seems to be too much risks in it as there are too many women that had died at the hands of back street abortions... Sometimes, legal issues and humanity are just hard to mix around just like oil and water...It is difficult to have the best of those two terms...

Based on the Royal College of Nursing v DHSS ( 1981,HL)

Section 1(1) of the Abortion Act 1967 states that abortion is legal if only carried out by a 'registered medical practitioner'. A change in abortion methods after the Act was passed meant that the procedure was largely carried out by nurses, subject to some supervision by a doctor. The court had to decide whether abortions carried out by this procedure were legal under the Act.

The court of Appeal adopted a literal approach and held that the practice was unlawful, but the House of Lords by majority held that a purposive approach should be used and that no illegality had occurred. Lork Diplock said "The approach if the Act seems to be clear. There are two aspects of it: the first, to broaden the grounds on which an abortion may be obtained; the second is to ensure that the abortion is carried out with proper skill and in hygienic conditions."

Therefore, in the relation of the above case the abortion that is made from 'back street' or unregistered practitioners are eventually illegal and there is no action that can be taken against them...

Posted by ahkeenz at 11:39 PM