Tag: extra-marital sex

UNFPA calls for review of judicial practices surrounding sexual behaviour in the Maldives

The UNFPA has this week released the State of the World Population Report, along with a report focusing on the local context, titled “Reproductive Health Knowledge and Behaviour of Young Unmarried Women in the Maldives”.

The report includes recommendations calling on the state to review existing practices related to the matter within the judicial process, law enforcement, education and health sectors.

Minister of Education Aishath Shiham inaugurated the event, highlighting the state’s plans to resume awareness programs for adolescents in schools in 2014.

“The UNFPA’s Life Skills Package is the program that was most systematically and effectively run in Maldivian schools to tackle the issue of adolescent pregnancies. Over a 1000 people have been trained to be able to conduct this program. I am announcing here today that with the start of the new administrative year in 2014, the UNFPA Life Skill Package will be reintroduced,” she stated.

The minister further noted the importance of including similar concepts in teacher training courses.

Youth sexual behaviour outside marriage

The report states that while the age of marriage has been increased to 18 in the year 2000 – following which the average age of first marriage has risen to 19 in recent years – sexual and reproductive health services and commodity supplies remain available solely to married couples.

It states that while the “underlying assumption is that sexual intimacy does not or should not occur before marriage”, and while this is in accordance with societal and religious views, there is “ample evidence that this is inconsistent with the social realities of youth sexual behaviour”.

The report provides a number of studies supporting their findings, including a youth perception study conducted, in which 90 percent agreed that it is more common for “couples to initiate sexual intercourse before marriage”.

It further notes the existence of young female sex workers, citing the Biological and Behavioural Survey of 2008 which noted a prevalence of “unprotected sex with multiple partners” within the 15 – 17 age group and above.

Another cited study indicated that unsafe practices of abortion are more common among unmarried youth than their married counterparts.

“Pregnancy outside marriage is in fact, a criminal offence…Nevertheless, it has to be acknowledged that sexual activity is a consistent social reality…” the report stated, before pointing out that the issue contributes to the “public health burden of the country”, and that it stems from “a complex mix of health, social and legal consequences, primarily connected to the occurrence of pregnancy outside marriage”.

As the clearest evidence of extra-marital pregnancies, the report cites IGMH’s Family Protection Unit’s data, showing the occurrence of such pregnancies to be the third most common issue among patients it has attended to since it opened in 2006. It states that out of 41 cases recorded in an year, some have resulted from rape and sexual abuse.

“The social and legal implications connected to out of wedlock pregnancy creates an intricate link between pregnancy outside marriage and abortion. Consequently, unsafe abortion is a key issue among young Maldivian women,” it said.

Sexual and reproductive health knowledge

The report highlights that due to societal and religious taboos, sexual and reproductive health (SRH) knowledge among youth – especially unmarried youth – is alarmingly low.

The report states that information related to SRH is taught in schools within the Biology and Islam syllabuses, though not at a meaningful or significant level.

Highlighting the disparity between the number of men and women prosecuted for fornication under Sharia law, the report stated that “paternity testing is not used as admissible evidence in court and the opportunity for men to deny guilt makes male accountability something of a farce”.

The report concluded with a variety of recommendations to the health, education, judicial sectors, as well as media outlets.

In addition to encouraging various forms of awareness raising, the UNFPA called on the law enforcement sector to revise sentencing practices in which gender discrimination occurs, to review the current punitive practice of dissolving marriages if a child is born within a gestation timeframe inconsistent with the duration of marriage, and to review the non-acceptance of paternity testing in cases of extra-marital pregnancies.

Read the full report here (english).

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Mother of deceased premature baby receives 100 lashes for fornication

Aminath Shaira, age 30 of Finolhu/Noonu atoll Manadhoo, was publicly lashed 100 times outside the Justice Building for committing fornication. Lashing is the standard punishment for intercourse outside of marriage under Maldivian law.

Shaira was sentenced to one years’ imprisonment after she was identified as the mother of a premature baby that was found on 19 May in a Coast Milk tin in the bushes near the Vilimale’ powerhouse.

Forensic experts at the time claimed the baby was dead upon birth, and had been aborted after a five-month pregnancy.

Shaira was also sentenced to 100 lashes and one year’s house arrest for fornication, the Criminal Court confirmed today. Officials said she would be transferred to a prison in the next few days.

Shaira had been charged with disobedience to an order under article 88(a) of the 1968 penal code as well as violations under the Child Protection Act.

Fingerprints belonging to Mariyam Rizna, 18, of Guraidhoo in Kaafu Atoll, had been found on the Coast Milk tin at the time. Rizna was sentenced to six months in prison for helping Shaira deliver the baby.

A third suspect, Aishath Aniya, 24, of Huraa in Kaafu Atoll, was released after the court determined that there was not enough evidence to prove that she had provided abortion pills to the defendant.

Police were unable to identify the baby’s father at the time, and Shaira did not reveal his name.

Abortion is illegal in the Maldives except to save a mother’s life, or if a child suffers from a congenital defect such as thalassemia. Anecdotal evidence, however, points overwhelmingly to a high rate of abortion and unwanted pregnancy.

Around the same time as Sharia’s arrest, a dead infant was found in a plastic bag in Male’s swimming track area. A medical examination later concluded that the baby had sustained cuts, bruises and other wounds, an indication of possible abortion practices.

In November 2010, an abandoned newborn was discovered alive in bushes near the Wataniya telecommunications tower in Hulhumale’.

In January 2010, Minivan News reported that many women unable to travel to Sri Lanka resort to illegal abortions performed by unskilled individuals in unhygienic settings.

Deputy Minister of Health and Family Fathimath Afiya told Minivan News that a meeting was held today to discuss reproductive services in the Maldives. While Maldivian and Shariah law criminalise abortion and intercourse outside of wedlock, Afiya said communication between relevant services and the judiciary made it difficult to fully address each case.

“There needs to be an appropriate legal framework for reporting these cases to the services that could help unmarried and teenage women in compromised positions,” said Afiya. “We are very concerned about the rising number of unwanted pregnancies and abortions by married and unmarried women. Today, we began formulating an action plan for short- and long-term improvements.”

The action plan, which will be finalised during a half-day workshop in November, aims to create awareness of the challenges that pregnant married or unmarried women face, and the comparative lack of appropriate services, among citizens and legislators.

“The situation is very serious, I was surprised at the work that needed to be done to improve the situation,” Afiya said.

Sexual education is not administered per se in the Maldives, and the only official study of reproductive health was done in 2004. Other unofficial studies have noted that very little information is available on the subject.

According to Afiya, up to three cases of abortion are reported by Indira Ghandi Memorial Hospital’s (IGMH) family protection unit–a scant slice of the real picture. Most abortions go unreported or are only brought to medical professionals when an unsafe abortion has damaged the mother.

The stigma of having a child out of wedlock appears to drive women to grave action. Some use abortion-inducing pills or receive injections from amateur abortionists; others turn to harmful vaginal preparations, containing chemicals such as bleach or kerosene. Although infrequent, some women insert objects into their uterus or induce abdominal trauma.

Afiya said the situation is not limited to abortions – an increasing number of women abandon their babies at the hospital after birth.

“Some will just leave after giving birth. It does happen somewhat regularly,” she said.

In 2009, a young woman convicted of having extra-marital sex was also flogged. Amnesty International called for a moratorium on the “inhumane and degrading” punishment in the Maldives.

Although flogging is still a legal form of punishment in many Muslim countries worldwide, Amnesty officials claim that it specifically discriminates against women. Of the 184 people sentenced to lashing in 2006, 146 were female.

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