Religion, Law, and Termination of Pregnancy

Have you ever wondered why alcohol is sold on Buddhist holy days? Dissemination of content in the form of only fans and free termination of pregnancy are therefore prohibited in Thai society, even though it is facing questions of compatibility with the lifestyles and values ​​of diverse individuals in today’s era. These events are evidence that Thai law is tied to the moral values ​​of Buddhism in the same way that Muslim countries (such as Saudi Arabia) Brunei Darussalam, Iran, etc.) and in Catholic Christian countries like Vatican City. Bringing religious principles into law to enforce within their state. However, the way of life of humans in the present era has changed a lot from the past. Both are complex and fluid according to social experiences and the reactions that each person has to that experience. The concept of Secularism was born on the basis of freedom in conducting state activities. without being influenced by any moral values ​​or religious beliefs

Back in the Age of Enlightenment, humans began to argue against moral values ​​rooted in Christianity. Because such value is based on faith in God. It is not consistent with the human way of life that economic activities (i.e. mass production of the same type of product for commercial use) has increased influence Meanwhile The institution of the church is seen as a corrupt tool for the elite to exploit the working class and a mechanism to monopolize political power from spreading to other classes. When people work together to liberate themselves from religious beliefs, Guiding the values ​​of right-wrong, good-bad and turning to seek freedom in expressing various desires. The concept of secularism was thus born and expressed through the political and legal systems. which is a mechanism for controlling human behavior to live together peacefully on the basis of supporting personal diversity

Termination of pregnancy (Abortion) is an issue that has been debated for a long time, both in terms of legality and moral appropriateness. In the past, the core values ​​of many societies viewed termination of pregnancy as taking a life or depriving a human being of the opportunity to be born. Therefore, it is against religious principles and cannot be tolerated in law.

Examples of religious abortion bans can be found in France and Thailand, which preceded the abortion rights movement. Such an act is considered a crime in France and is punishable by death. From the point of view that human birth and death are determined by God. Human beings themselves cannot intervene. In Thailand The initial termination of pregnancy is a crime punishable by imprisonment under the Criminal Code. Except in cases where the pregnant person has health problems or has been sexually assaulted. Although later the grounds for exemption from offenses were expanded to include mental health problems and allowing those with a pregnancy of no more than 12 weeks to terminate their pregnancy accordingly. Still, it is evidence that Thai law has been influenced by Buddhism, which views termination of pregnancy as endangering the life of the product of human conception. For this reason, the Thai state has controlled the termination of pregnancy according to the free will of the pregnant woman. Even though the controls are in conflict with the concept of human rights which includes reproductive health rights as a part.

In an era where humans are aware of their rights to their bodies, their bodies, and the diversity of their individual lifestyles like today. Laws or other government mechanisms that restrict the right to terminate a pregnancy are viewed as unreasonable. Because it is the burden that women must bear primarily, that is, initially they must face health side effects from using birth control pills such as headaches, breast pain, and weight gain. Irregular menstrual flow, etc. They are also stigmatized by some parts of society due to their values ​​of self-preservation and difficult access to contraceptives in a context of economic constraints. Later, if there is a pregnancy They must also be prepared economically, socially and in a way of life that is conducive to nurturing pregnancy and raising children after birth. If such readiness is lacking, things that are affected are not only the child’s development. but also the quality of life and mental health of pregnant women. In a context where the burden of reproductive health falls predominately on women and free termination of pregnancy is not legally guaranteed. Many women are therefore being pushed to use the service.

Abortion performed by a person who is not a medical professional This often leads to serious consequences for their health. Moreover, when such a case occurs Women who receive illegal pregnancy termination services often avoid treatment because they fear that they will be charged with a crime for terminating their pregnancy. When this is the case, it would not be wrong to say that laws with religious moral values ​​as an ingredient can greatly impair the quality of human life. And pregnancy termination in Thailand is a clear case in point for this statement.

For this reason, applying the concept of secularism to the legal system is an attractive alternative for society. Although it can be argued that laws that are not in line with society’s values ​​will create conflict because the laws are not accepted by the people. But we must not forget that religious values ​​are not the only values ​​that appear in society. And the tragedy that often occurs in pregnancy termination cases in Thailand is the result of religious values ​​that are mandatory. In addition, the idea of ​​secularism is not anti-religious. If individuals are encouraged to create their own value system based on equal respect for the rights and freedoms of others, It will make the diverse lifestyles of humans more accepted by society. Leading to equality of opportunity, peace, and promoting progress in human rights in the future.

Reference list
Naruephon Duangwiset. (nd). Anthropology of Secularism. Anthropology of Secularism | Vocabulary database – Anthropology. https://anthropology-concepts.sac.or.th/glossary/188

Prachatai Prachatai.com. https://prachatai.com/journal/2017/11/74086

The Business Standard. (2021, September 3). Countries that follow Sharia law. The Business Standard.
https://www.tbsnews.net/world/countries-follow-sharia-law-297286
concepts.sac.or.th/glossary/188

The101.world. (2022, June 21). Buddhist jurisprudence (2). The 101 World.
https://www.the101.world/law-and-religion-2/