How the gruesome discovery of a ‘fetal mortuary’ reshaped Thailand’s abortion laws

The discovery of the ‘fetal mortuary’ in a Buddhist temple in 2010 forced Thai society to debate a topic usually pushed aside – Sakchai Lalit/AP

The stench revealed the creepy secret. Wandering through the temple in southern Bangkok, the terrible smell led to the morgue – 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 stage of an underground abortion network in Thailand’s capital. But a broken oven disrupted the process for months, possibly longer, until the smell became so strong it was impossible to conceal.

The discovery of the ‘fetal mortuary’ shocked the predominantly Buddhist country and forced Thai society to debate a topic usually sidelined. At the time, in 2010, strict laws meant that access to abortion was extremely limited: the medical procedure was only available in specific circumstances, such as rape.

But after the discovery of 2,000 fetuses, Thailand could no longer ignore the fact that women regularly risked their lives to undergo unsafe abortions. Suddenly the issue appeared on the front pages and on the evening news broadcasts.

During this heated debate, a Buddhist monk felt compelled to speak for the first time. Phra Shine Waradhammo wrote in The Nation newspaper that women who had undergone abortions were “oppressed by religious teachings.”

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

Phra Shine Wara Dhammo, 55, has become 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 is a sin,” Phra Shine says now, surrounded by orange robes in his temple residence 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 laws have changed – at least for now – deeply held beliefs still hinder access.

Abortion a ‘two-tiered system’

It has now been four years since the country’s Supreme Court ruled an abortion ban unconstitutional, decriminalizing the procedure. An amendment later made it possible for abortions to be performed up to twenty weeks into pregnancy.

Yet affordable, safe and convenient services are limited – even in the Thai capital.

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

“There is a lot of stigma,” said Chonthita Krisrikul of TamTang during a recent parliamentary meeting to mark the fourth anniversary of legalization.

“This year we met with the Ministry of Health under the Bangkok government [which runs the public hospitals], and the doctors said that abortion is not necessary – that “it’s like having a nose job.” They basically said, ‘if you want an abortion, pay for it yourself’.”

As a result, a two-tiered system has emerged: only those who can travel hours out of town to hospitals that offer subsidized procedures, or who have the money to pay for private care, can access services.

But the problem 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] starts 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.

“Many instead go to uncertified stores on the Internet that sell the abortion pills, essentially on the black market. Often the pills are not even effective.”

And there are some concerns that even this access could be undone. Last week, a health minister linked abortion rates to concerns about Thailand’s declining birth rates – and suggested “amending existing laws or creating new laws” to reduce the number of abortions.

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

She adds that deaths from abortion have fallen since Thailand legalized the medical procedure, but “with this initiative from the Ministry of Health, we may need to prepare for [regularly report] that kind of news again.”

Members of a rescue foundation carry bags of corpses to the morgue store of a Buddhist temple in Bangkok on November 19, 2010Members of a rescue foundation carry bags of corpses to the morgue store of a Buddhist temple in Bangkok on November 19, 2010

Bags full of fetuses in the storage room of a Buddhist temple in Bangkok in 2010 – AFP/Getty Images

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

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

Some activists therefore use religious language to discuss terminations and rally support – for example, TamTang has performed ceremonies honoring the victims of unsafe abortions. Yet many in the medical world are hesitant.

“It all depends on which doctor you talk to [to] when it comes to abortion,” said Khemthong Tonsakulrungruang, a lecturer at Chulalongkorn University who has researched law and religion. “But in general I think doctors are a little conservative [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 holds that it is wrong to prevent birth; even birth control was once considered wrong.”

Thailand’s abortion laws do not force a doctor to perform the procedure if he/she objects, but they do require women to be referred to other services. Some do this, often through the 1663 hotline or the Safe Abortion Referral Network. But TamTang said many don’t.

De Telegraaf found something similar. Posing as a woman who was 10 weeks pregnant, we called eight public hospitals – six said flatly they didn’t perform abortions, while one offered a consultation but was vague about next steps. Only one said they don’t offer services, but referred us to the 1663 hotline.

“Many doctors have doubts about abortion, and it is still a challenge to convince doctors [to perform abortions],” said Tossaporn Sereerak, chairman of a Thai parliamentary health committee.

Police are investigating the temple's mortuary storePolice are investigating the temple's mortuary store

Police investigate temple mortuary store – 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 US Roe v Wade, the law that established a constitutional right to abortion gave, has destroyed.

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

More than a decade after he first wrote about abortion, Phra Shine was photographed at a protest. His presence provoked a strong reaction: he was labeled “trash” and a “hungry ghost in a saffron robe” – some in the conservative majority of Theravada Buddhism say that a woman who undergoes an abortion will be haunted by a ghost chased.

“People said I was a fake monk, they said I was exploiting the orange robes,” said 55-year-old Phra Shine. “I think Thai society has been shaped by one kind of interpretation of Buddhism… and is afraid of different opinions and confrontations. 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… the change is sometimes gradual,” he adds.

For now, Phra Shine is focusing on creating a space to share experiences on Facebook, where he now has thousands of followers and regularly posts about women’s rights and LGBTQ+ issues.

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

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