Twelve years ago this month, people in Thailand and around the world were shocked to learn that 2,002 foetuses had been discovered at Wat Pai Ngern in Bangkok's Bang Kho-laem district.
They had been hidden at the temple, with two undertakers paid by a clinic that performed illegal abortions to get rid of them.
The news sent shockwaves through the country, where abortion is not only considered taboo but a sin. It also spurred debate as to why all these women had to resort to using an illegal abortion service.
Despite all the ensuing debate, however, policymakers did little to try and tackle the problem by providing women who need it with a safe abortion service.
In March 2016, the National Adolescent Pregnancy Committee was formed to address the issue of unwanted pregnancies and abortions among adolescent mothers aged 15 years and older. The committee, which operates under the Office of the Prime Minister, had little impact.
So it was not such a big surprise two years later when another case emerged, this time with four foetuses being discovered in a rubbish bin in Hua Hin in Prachuap Khiri Khan. This time, a female doctor was arrested for performing abortions illegally.
Thai law has been very strict on this issue, meting out fines and jail time for both the women who undergo abortions and the doctors who perform them. Only Section 305 of the Criminal Code exempts licensed doctors from prosecution for performing abortions for legitimate medical reasons. For example, in the event of pregnancies that pose a physical or mental health threat to the mother, or those that result from the sexual assault of a minor, or when the foetuses show abnormalities.
The Medical Council's rules and regulations on abortion only allow physicians to perform one when the pregnancy endangers a mother's physical or mental health. The law also allows girls under 15 to have an abortion, regardless of the circumstances under which they become pregnant. As such, many teenagers and women over the age of 15 have no choice but to seek out illegal abortions.
According to a report by the United Nations International Children's Emergency Fund (Unicef) in 2013, teenage girls aged 15-19 account for 20% of pregnancies globally. This is an alarming statistic given that many of them are still studying at school.
Fortunately, the abortion law was revised in 2020.
On Feb 19 of that year, the Constitutional Court made a historic decision by ruling that the anti-abortion law was unconstitutional. It ruled that Section 301 of the Criminal Code, which incriminated women who sought an abortion and made them liable to serve up to three years in prison as well as a fine of up to 60,000 baht, violated Sections 27 and 28 of the charter, which enshrine the principle of equal rights while prohibiting discrimination based on gender.
This landmark ruling hinged on the case of Srisamai Chuachart, a doctor who was charged with performing illegal abortions after garbage collectors found four human foetuses in trash bags in 2018. Dr Srisamai denied the charges, lodged an appeal with the charter court -- and won.
The Criminal Code was amended again this September, with Section 305(5) now allowing for elective abortions for women of any age who are 12–20 weeks pregnant, provided they first consult with medical staff and get their approval.
However, there are still problems. Critics say many medical staff are unsympathetic and uncooperative, with a lot of hospitals still refusing to approve abortions.
First, the government needs to raise awareness about the abortion law -- and help de-stigmatise it in society -- while also providing lists of hospitals and facilities that pregnant women can turn to.
Second, the Ministry of Public Health and NGOs must work with medical staff to help them better understand the intricacies of the law.
Above all, the government should pay more attention to the issue of adolescent pregnancies by making policies and action plans to assist these young mothers.
Natthanicha Lephilibert is a gender equality campaigner who currently works for the Asean Secretariat. This article reflects the author's personal opinions not those of her employer.
