Organizations such as Muvman Liberation Fam and the Mauritius Family Planning and Welfare Association have supported legal abortion.
Section 235 of the Criminal Code of Mauritius says: (1) Any person who, by any food, drink, medicine, or by violence, or by any other means, procures the miscarriage of any woman quick with child, or supplies the means of procuring such miscarriage, whether the woman consents or not, shall be punished by penal servitude for a term not exceeding 10 years.
[1] The Criminal Code permits abortion if the pregnancy threatens the life or physical or mental health of the mother.
It permits abortion up to a gestational age of fourteen weeks if the pregnancy resulted from rape or from sex with a girl under 16.
Abortions must be approved by three specialist physicians, including one OB/GYN, or be backed by a police report in the case of rape.
[3] Mauritius is a signatory of the Maputo Protocol, but is not bound to Article 14(2), which describes a right to abortion in the cases of rape or incest.
[4] In July 1778, the highest court of Mauritius affirmed the ban on abortion in France, which made the offense punishable by death, "in the interest of laws of religion and of the state.
The 21 national delegations signed the Mauritius Declaration, agreeing to combat unsafe abortion, increase access to family planning, ensure emergency post-abortion treatment, provide post-abortion counseling, and remove laws limiting safe abortion.
At the conference, Minister of Health Régis Finette voiced his pro-life views, which was protested by women's rights groups.
[12] The Ministry of Health reported in 2007, "In Mauritius, abortion for social or personal reasons is illegal as stipulated in the law of 1838 except in cases where the mother's life is in danger.
[17] The advocacy of a Mauritian member of the Convention on the Elimination of All Forms of Discrimination against Women Committee influenced the reform.
[18] Attorney General Yatin Varma proposed the Criminal Code (Amendment) Bill, saying he supported freedom of choice.
Leader of the Opposition Paul Bérenger supported the bill and called a special session to debate it.
[21] The religious coalition Platform for Life, which included Catholic, Anglican, Muslim, Buddhist leaders, was formed to oppose the bill.
[22] The United Nations, Amnesty International, and religious groups including the country's Council of Religions supported the law.
The anti-abortion group Mouvement d'Aide à la Maternité said, "We will always defend the right to life.
[16][26] MLF founder and writer Lindsey Collen and MFPWA president Vidya Charan have argued that the grounds for legal abortion are too restrictive.
[28] The same year, gynecologist Arvind Ramgulam had his license revoked for performing abortions, prompting debate about the ban.