Menstrual therapies in commonwealth Asian law

This review of the application of abortion laws confines itself to the 900 million people--20% of the world's population--who live under the commonlaw tradition of the British Commonwealth. One of the historic ties to the British Commonwealth is the commonlaw tradition, which is reflected in reference to common leading cases and approaches taken to case precedents. There are 2 Commonwealth legal traditions concerning penal legislation, and they differ on an issue of major significance regarding abortion. Under English law, acting with the intention to procure an abortion whether a woman is pregnant or not is a crime. In Asian Commonwealth jurisdictions, and Pakistan, menstrual therapies are not as restricted as they may be in England. Menstrual therapy, a generic term, describes medical and surgical procedures performed on the uterus for diagnostic and therapeutic indications. This includes menstrual aspiration and the use of drugs as well as the more traditional dilatation and curettage. Diagnostic biopsy of the uterine lining may be indicated upon a variety of clinical grounds, including apparent infertility, dysfunctional bleeding, and suspected uterine cancer. Treatment of incomplete abortion is a common medical procedure and involves the operator in no liability under abortion laws. Uterine evacuation initiated for purposes of abortion in a woman known to be pregnant must conform to the abortion law of the jurisdiction, but some procedures will be undertaken before pregnancy can be diagnosed by the routinely available methods. A woman may occupy 1 of 3 positions: 1) she may clearly be pregnant; 2) it may be unclear whether she is pregnant or not; and 3) she may clearly not be pregnant. English abortion law applies to the first 2 positions but the Penal Code abortion provisions applies only to the 1st position. Thus, performing menstrual therapy in a woman in position 2 may be illegal abortion under English law (unless pregnancy would endanger her life or health) but not under the Penal Codes of the Commonwealth Asian jurisdictions. Menstrual therapy undertaken as a means of abortion in a case of proven pregnancy must conform to local abortion law, but menstrual therapy undertaken for another purpose need not conform to such a law. Without clear and compelling evidence of pregnancy in the individual case, the physician may proceed on the presumption that the woman is not pregnant. Any mistake of fact made in good faith constitutes a good legal defense.