Five-year sentence reflects failure of healthcare, protection, and compassion

THE Galen Centre for Health and Social Policy is deeply disappointed and dismayed by the five-year prison sentence imposed on a 21-year-old Indonesian woman in Sarawak after she attempted to end her pregnancy using misoprostol without medical supervision.

The reported circumstances are tragic. The pregnancy was already at 27 weeks, the child was delivered prematurely and died five days later. This makes the case different from an early medical abortion.

Furthermore, imprisonment does not explain why this young woman apparently had no access to timely reproductive healthcare, legal advice, counselling, or social support. It is especially concerning that she was reportedly unrepresented when she pleaded guilty.

This case reflects a failure of prevention, protection, and compassion. We know little about whether she faced coercion, exploitation, sexual violence, financial hardship, abandonment, or fear related to her immigration status. Yet the system responded primarily with arrest, prosecution, and imprisonment.

It is important to remember that Malaysia does not impose an absolute prohibition on abortion. The Penal Code permits a registered medical practitioner to terminate a pregnancy when continuing it poses a greater risk to a woman’s life, physical health or mental health. However, stigma, misinformation and inconsistent access continue to push women and girls towards unsafe and desperate choices. This 21-year-old was one of those women.

The threat of prosecution and criminalisation may also discourage women from seeking emergency treatment following an abortion or pregnancy complication. Healthcare facilities must remain safe places where patients can seek urgent treatment without fear of arrest.

Women and girls facing unintended pregnancies need healthcare, accurate information, and support. They should not face the threat of a prison sentence.

Access to contraception, emergency contraception, family-planning services, confidential counselling, and lawful reproductive healthcare must be available regardless of marital status, age, nationality, or immigration status.

The Galen Centre calls for the woman to receive independent legal representation and advice on an appeal. The government should also review the use of custodial sentences against women who attempt to terminate their own pregnancies. It must strengthen access to safe and lawful abortion and post-abortion care to those who need it regardless of their marital status. Most importantly, the Health Ministry must ensure that public family-planning services do not discriminate against unmarried women and adolescents in policy and actual practice.

Imprisoning this young woman will not undo the tragedy or prevent another unsafe abortion. Malaysia needs a response based on prevention, early access to healthcare, family planning, legal reform, and compassion.

AZRUL MOHD KHALIB

Chief executive officer

Galen Centre for Health and Social Policy