Updates on Courtcase against Nepalese woman who had abortion in Malaysia
Retrial of Nepalese woman who was convicted for obtaining a legal abortion started on February 25 th.
She was arrested on October 9, 2014 and on October 13 th, 2014 Nirmala, 24,was the first woman to be charged and convicted for an “illegal” abortion in Malaysia since 1989. Nirmala was charged under Section 315 of the Penal Code for allegedly undergoing an abortion. Under the section, it is an offence to ‘prevent a child from being born alive’ or to cause it to die after birth. The offence is punishable by imprisonment for up to 10 years, fine or both.
She has been in prison for four months until the Malaysian High court overturned her totally unjust conviction on 12-1-2015. She was temporarily free, after Dr Choong Sim Poey of Reproductive Rights Advocacy Alliance Malaysia (RRAAM) posted bail for her.
Her lawyer stated that even though a doctor performed the abortion in accordance with Malaysian law, Nirmala was convicted for performing an abortion herself. “The attorney-general should seriously ask himself how is it that a woman can be charged and convicted for an act that someone else has admitted to." The doctor was released and not prosecuted.