Breaking the Silence on Abortion in Pakistan

 

By Mishal Zia

Dateline: Islamabad, December 2020

Abortion in Pakistan is one of the most misunderstood and controversial subjects in public discourse. The issue exists at the intersection of law, religion, culture and women’s lived realities. Despite being practised widely in secret, abortion remains legally restricted and socially stigmatized, forcing many women into unsafe procedures with devastating consequences.

Under the Pakistan Penal Code, abortion is referred to as Isqat‑e‑Haml and Isqat‑e‑Janin. It is a criminal offense except under very narrow circumstances when carried out in good faith to save a woman’s life or for necessary treatment. These legal terms are vague and unstandardized, leaving doctors and patients uncertain and hesitant to act for fear of prosecution. Both good faith and necessary treatment lack clear legal definition, discouraging women from seeking safe reproductive health care.

Despite these restrictions, abortion and other forms of gender‑related oppression persist against a backdrop of violence and inequality. Across Pakistan in 2020, violence against women reached alarming levels. Reports compiled by human rights organizations documented more than 2,000 incidents of violence against women, including murders, rape, suicide, abduction, and domestic abuse across 25 districts of the country.

In Balochistan alone, officials reported 47 specific incidents of violence against women in 2020, with 16 women killed and seven subjected to rape, while dozens more were abducted or murdered under suspicious circumstances.

Punjab province also painted a grim picture. Lahore, one of its largest cities, recorded the highest number of rape and domestic violence cases in 2020, with thousands of incidents of sexual assault, harassment and physical abuse reported to authorities.

In many regions, crimes against women increased sharply during the COVID‑19 pandemic. Early in 2020 a report noted a 200 percent rise in violence against women in Pakistan over the first three months of the year, citing a surge in domestic abuse, rape, kidnapping and child marriage in a short span of time.

These violent realities framed the context for women’s activism and resistance. In March 2020, the Aurat March and Aurat Azadi March drew thousands of participants nationwide advocating for gender equality, bodily autonomy and an end to discrimination. However, these marches were often met with hostility and even violence. In Islamabad, women’s rights campaigners were reportedly attacked with stones, sticks, and shoes by counter‑protesters opposed to the movement, underscoring the social resistance to feminist demands.

Religious and cultural interpretations heavily influence Pakistan’s abortion laws. Most legal provisions reflect conservative Islamic jurisprudence that restricts abortion except to protect the life of the mother. Many scholars and policymakers link these restrictions to interpretations of when a fetus gains moral status, often tied to the concept of ensoulment. Critics argue these interpretations place doctrine above women’s health and human rights, reinforcing patriarchal controls over female bodies.

Human rights advocates and international bodies such as the United Nations Committee on the Elimination of Discrimination Against Women have criticized Pakistan’s approach for lacking clarity and failing to protect women’s health. They have condemned the absence of legal grounds for abortion in cases of rape or severe fetal impairment and called for reform to align legal policy with international human rights standards. Experts note that criminalizing abortion does not reduce its incidence but drives it underground into unsafe conditions.

Social stigma around abortion persists, with many viewing it as immoral or taboo. Women seeking abortions or contraceptive services face potential social ostracism and family backlash. This stigma contributes to silence around reproductive health, even as many unintended pregnancies continue due to gaps in access to contraception and family planning services. 

To truly address abortion in Pakistan, legal reform must be coupled with broader shifts in social attitudes and health policy. Without clear legal protections and safe clinical services, women will continue to face unsafe choices in silence and fear. If Pakistan aspires to safeguard women’s health and rights, it must confront the legal, religious and societal barriers that deny women autonomy over their own bodies.