A lawyers' group said it is appalled that the Attorney-General's Chambers has resorted to reviving an archaic law by jailing a migrant worker for terminating her pregnancy.
 
"These offences have rarely been enforced and have fallen into disuse especially in cases of voluntary abortion.
 
"Further, it is common knowledge that abortion is not unusual in Malaysia, although technically unlawful, unless falling within the exceptions provided under law," said Lawyers for Liberty legal coordinator Michelle Yesudas in a statement today.
 
Yesudas was referring to the Bukit Mertajam Sessions Court’s decision last month which jaileds a 24-year-old Nepali woman to 12 months in for abortion.
 
The six-week-old pregnant woman was found guilty under Section 315 of the Penal Code for “prevent(ing) a child from being born alive”. 

Section 315 provides a sentence of up to 10 years’ jail or fine or both.
 
As this is the first case of its kind, Yesudas urged the Chambers to explain its policy on prosecuting women who undergo abortion to avoid claims of inconsistent and selective prosecution against vulnerable migrant women.
 
"What benefit does society gain from her imprisonment?
 
"It is difficult to see any public interest being served, other than the self-righteousness of the prosecutor and judge," she said.
 
She also urged the Attorney-General's Chambers to review the woman's conviction and to file an appeal to correct a "blatant injustice".
 
Yesudas said the harsh punishment was also inconsistent with the Convention on the Elimination of All Forms of Discrimination Against Women (Cedaw) to which Malaysia is a party.
 
"The convention affirms a woman’s right to reproductive choice.
 
"The decision to imprison a woman for the choice of terminating a child is archaic and excessive, and it must be jettisoned for more progressive measures," she said.