KUALA LUMPUR, July 9 — Termination of pregnancy will only be allowed under Section 312 of the Penal Code if performed by a qualified medical practitioner who believes that the continuation of the pregnancy would pose a risk to the life, injury, or physical health of the pregnant woman, said Deputy Women, Family, and Community Development Minister Lim Hui Ying.
She took note of statements issued by several parties regarding her reply to the supplementary question from Kepala Batas MP Siti Mastura Muhammad during the oral question session in the Dewan Rakyat on Monday (July 6).
"I am confident that the relevant parties are aware that under the Penal Code, specifically Sections 312 to 316, abortion is fundamentally a criminal offence. However, Malaysian law also provides for clear exceptions under Section 312.
"The exception allows the termination of pregnancy to be performed by a medical practitioner registered under the Medical Act 1971 if the medical practitioner sincerely believes that the continuation of the pregnancy would involve a risk to the life of the pregnant woman, or injury to her physical or mental health.
"In such circumstances, termination of pregnancy is permitted under the law," Lim said in a statement yesterday.
She added that her statement specifically referred to the supplementary question regarding 'the number of clinics detected providing illegal abortion services without permission nationwide.
"There may have been confusion or misunderstanding regarding my response in the Dewan Rakyat that day when I did not clearly state the exemption provisions under Section 312 of the Penal Code," Lim said.
The deputy minister also emphasised that the explanation was not intended to dismiss the exceptions under existing laws on abortion, and that her feedback might be misconstrued when viewed from a different perspective.
"Perhaps the headline of the report does not reflect the overall situation," she said.
Lim noted that the Women, Family and Community Development Ministry always respects and acknowledges the legal framework in force in the country and appreciates the views put forward by all parties, hoping that this clarification can clear up any confusion regarding her statement and the related legal position.
