Vol. 79/No. 1      January 19, 2015

“I strongly suspect this is a test case to undermine reproductive rights by targeting a vulnerable migrant worker,” Dr. Choong Sim Poey of Reproductive Rights Advocacy Alliance Malaysia told the Militant in a phone interview Dec. 7.

“Abortion is a very common procedure here,” he said. Some 90,000 abortions are performed annually in Malaysia. Many migrant women have abortions out of fear of risking their jobs. “If they get pregnant, their employers terminate their contracts and send them back,” Choong said, adding that migrant workers are not provided with access to contraception.

Thapa had the abortion at a Penang clinic Oct 9. While in recovery she was arrested during a clinic inspection carried out by Ministry of Health officials.

She was six weeks pregnant at the time of the abortion. Under Malaysian law abortion is legal up to 22 weeks if carried out by a qualified registered medical practitioner who views the continuance of the pregnancy as a risk to the woman’s mental or physical health.

Thapa’s doctor was arrested, but not charged. He made a statement saying that he had carried out an abortion, which he considered was legal. Thapa was charged with having induced the abortion herself and was jailed.

Thapa did not have a translator or a lawyer in court. “She pled guilty, but didn’t know what she was admitting to,” Choong told the Militant.

Women’s rights groups and legal organizations in Malaysia have spoken out against Thapa’s imprisonment. Michelle Yesudas from Lawyers for Liberty called for an immediate appeal of the prosecution and conviction.

Loh Cheng Kooi, from the Joint Action Group for Gender Equality in Penang, appealed for Thapa to be released and compensated. She said that if this case is allowed to set a precedent, then “women will be forced to seek clandestine services for their reproductive health needs. This will eventually result in unsafe abortions.”  
 
 
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