How grim ‘foetus mortuary’ discovery reshaped Thailand’s abortion laws

The discovery of the ‘mortuary fetus’ at a Buddhist temple in 2010 forced Thai society to debate a topic that is often brushed aside – Sakchai Lalit/AP

The stench revealed the terrible secret. Walking through the temple in southern Bangkok, the morgue was filled with the horrible smell – and the grim discovery of more than 2,000 fetuses, wrapped in plastic bags and in various stages of decomposition.

The hidden remains were awaiting cremation, the final step in an underground abortion network in the Thai capital. But a broken furnace interrupted the process for months, maybe longer, until the smell grew so potent that it was impossible to hide.

The discovery of the “dead body of the fetus” shocked the predominantly Buddhist country, and forced Thai society to debate a topic that was usually put aside. At the time, in 2010, strict laws meant that access to abortion was extremely restricted – the medical procedure was only available in specific circumstances, such as rape.

But after finding 2,000 fetuses, Thailand could no longer ignore the fact that women were routinely risking their lives to have unsafe abortions. Suddenly, the issue was splashed across front pages and evening newscasts.

It was in the midst of this debate that a Buddhist monk felt compelled to speak for the first time. Writing in The Nation newspaper, Phra Shine Waradhammo argued that women who had abortions were “oppressed by religious teachings”.

Phra Shine Wara Dhammo, 55, is becoming increasingly vocal about his pro-abortion stance - a controversial position in Buddhist ThailandPhra Shine Wara Dhammo, 55, is becoming increasingly vocal about his pro-abortion stance - a controversial position in Buddhist Thailand

Phra Shine Wara Dhammo, 55, is becoming increasingly vocal about his pro-abortion stance – a controversial position in Buddhist Thailand – Sarah Newey

“Normally monks don’t really talk about abortion, many would say it’s a sin,” says Phra Shine now, surrounded by orange robes in his temple accommodation on the outskirts of Bangkok.

“I think this is based on a one-dimensional interpretation of Buddhism … So I wrote the piece to question the status quo, to make people think.”

But while Thailand’s abortion legislation has changed – for now, at least – entrenched attitudes continue to block access.

‘Two tier system’ abortion

It’s been four years since the nation’s highest court ruled abortion unconstitutional, decriminalizing the procedure. A later amendment allowed abortion up to 20 weeks into a pregnancy.

But affordable, safe and convenient services are limited – even in Thailand’s capital.

According to a recent report by the pro-choice activist group TamTang, none of Bangkok’s 22 public hospitals provide subsidized abortions.

“There’s a lot of stigma,” says Chonthita Krisrikul of TamTang, at a recent parliamentary event to mark the fourth anniversary of legalization.

“This year we met with the Department of Health under the Bangkok administration [which runs the public hospitals], and the doctors said there’s no need for an abortion – it’s like having a nose job’. They basically said: ‘if you want an abortion, pay for it yourself’.”

As a result, a two-tier system has emerged – only those who can travel hours out of the city to hospitals that provide subsidized procedures, or who have the money to pay for private care, are able to access on services.

But the issue is not limited to Bangkok: according to government figures, hospitals in only 39 of Thailand’s 77 provinces are officially registered as abortion providers.

“[The price in the private sector] starting at 5,000 baht [£110], which is about 15 times the minimum wage per day,” says Ms. Krisrikul. “So it is almost impossible for low-income women to access the private hospital.

“Instead many people go to uncertified shops on the internet that sell the abortion pills, effectively on the black market. Often, the pills aren’t even effective.”

And there are some concerns that even this access could be revoked. Last week, the health minister linked abortion rates to concerns about Thailand’s falling birth rates – and suggested “amending existing laws or drafting new laws” to reduce terminations.

“We all know that the law or restriction will not reduce the number of abortions but will increase the number of unsafe abortions,” says TamTang founder Supecha Baotip.

She says that the number of abortion-related deaths has decreased since Thailand legalized the medical procedure, but “with this initiative of the Ministry of Health, we may have to prepare ourselves to [regularly report] news like that again.”

Members of a rescue foundation carry body bags at the storage room of a Buddhist temple mortuary in Bangkok on November 19, 2010Members of a rescue foundation carry body bags at the storage room of a Buddhist temple mortuary in Bangkok on November 19, 2010

Bags of fetal corpses in the storage room of a Buddhist temple mortuary in Bangkok in 2010 – AFP/Getty Images

Much of the stigma and difficulty in accessing services still stems from religion, such as Christianity in countries such as the US and the Philippines, or Islam in Indonesia.

At least 90 percent of Thailand’s population identifies as Buddhist, and many from the conservative majority of Theravada Buddhism believe that abortion contradicts its teachings.

So some activists are using religious language to discuss ends and raise support – TamTang, for example, has staged ceremonies honoring victims of unsafe abortions. Still, many in the medical profession hesitate.

“It totally depends on the doctor you’re talking to [to] regarding abortion,” says Khemthong Tonsakulrungruang, a lecturer at Chulalongkorn University who has researched law and religion. “But in general, I think doctors are a bit conservative and [take a] strong moral stance on such issues.

“It’s completely understandable. For Buddhists, the first precept is not to kill any life form. Traditional belief is convinced that it is wrong to prevent birth; even contraception was considered wrong.”

Abortion laws in Thailand do not compel a doctor to perform the procedure if they object, but are supposed to refer women to other services. Some people do this, often through the 1663 hotline or the Safe Abortion Referral network. But TamTang said that is not enough.

​​​​​​The Telegraph found similar. As a woman 10 weeks pregnant, we called eight public hospitals – six clearly said they don’t perform abortions, and one offered consultation but was vague about next steps. Only one person said they have no services available but we were referred to the 1663 hotline.

“A lot of doctors are on the fence about abortion, and it’s still challenging to convince the doctors [to perform abortions],” says Tossaporn Sereerak, chairman of the Thai parliamentary health commission.

Police investigate the storage area of ​​the temple mortuaryPolice investigate the storage area of ​​the temple mortuary

Police investigate the storage area of ​​the temple mortuary – AFP/Getty Images

Activists warn that bureaucratic inertia, stigma and a lack of political will mean little has been done to expand affordable access or combat misinformation, which has flourished since the US overturned Roe v Wade, the law that gave a constitutional right to abortion.

And in Thailand, speaking publicly about the issue can still fuel a wave of abuse.

More than ten years after he first wrote about abortion, Phra Shine was photographed protesting. His presence drew strong opposition: he was called “trash” and a “hungry ghost in saffron robes” – part of the conservative majority of Theravada Buddhism says that a woman who has an abortion will be haunted.

“People said I was a fake monk, they said I was cultivating the orange robes,” says 55-year-old Phra Shine. “I think Thai society is shaped by one kind of interpretation of Buddhism … and is afraid of different opinions and confrontation. Especially as a monk, it can be difficult to speak openly.

“But I think there is hope for the future, Thailand has come a long way … change is sometimes incremental,” he says.

To date, Phra Shine has focused on creating a space for sharing experiences on Facebook, where he now has thousands of followers and posts regularly about women’s rights and LGBTQ+ issues.

“Women are so shamed and blamed for sex and abortion,” he says. “My message to people is that they are not alone – that I, as a monk, do not deny my existence. That a religious person in orange robes supports them.”

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