The National Council’s Legislative Committee proposed fast-tracking court proceedings of abortions for pregnancies resulting from rape or incest. The committee recommended that courts prioritise and deliver judgments within 24 weeks of conception to ensure timely and lawful termination. The house has instructed the committee to further review the proposal for final deliberation.
The Legislative Committee recommended amending Section 146 of the Penal Code on illegal abortion. The committee proposed inserting a new section, Section 146 A, with five sub-sections. The proposed sub-sections a, b, and c mandate fast-tracking court proceedings.
Supporting the recommendation, MPs said that there is an urgent need to speed up judicial and medical processes when a woman claims her pregnancy resulted from rape or incest and seeks termination.
They said delays often push victims beyond the safe window for abortion.
“One of the challenges for the rape survivors is to abort a pregnancy as soon as possible. This is because once someone conceives, she has only nine months. So, amending Section 146 of the Penal Code will support her as the amendment proposes fast-tracking court proceedings, such as getting judgments from the court or expert opinion from the doctors for abortion,” said Jamyang Namgyal, Pema Gatshel MP, NC.
“The amendment proposes the judgment for such cases to be delivered within 24 weeks, which is equivalent to six months. I feel it’s a bit long. It will be better if it can be done within three months. As pregnancy duration is nine months, it will be inconvenient if court proceedings take six months to decide on abortion,” said Leki Tshering, Thimphu MP, NC.
“The law allows abortion based on four conditions, but the gap remains in implementation. It is the law that determines whether the case is due to rape or incest. So, when the law is unable to determine that, as other MPs mentioned, nine months pass by, leaving no room for abortion,” said Dago Tsheringla, Member, Legislative Committee, NC.
“It does not mean that the abortion needs to wait till 24 weeks. It is to be done as soon as possible. However, it takes time to determine whether the pregnancy is caused due to incest or rape,” said Ugyen Tshering, Member, Legislative Committee, NC.
Additionally, the committee also proposed sub-section d, which states that courts may issue interim orders allowing termination based on credible medical and circumstantial evidence, without affecting the final verdict.
Additionally, sub-section e states that judges and medical professionals acting in good faith under such orders will not be held liable even if the pregnancy is later found not to be the result of rape or incest.
The house has directed the Legislative Committee to review the proposed section along with its sub-sections and present it in the council for final deliberation.
The house will continue deliberations on the bill tomorrow.
Kelzang Chhophyel
Edited by Phub Gyem
