KUWAIT CITY, May 17: The Council of Ministers has approved a draft law to repeal Article 159 of the Penal Code, which previously stated that “any woman who intentionally kills her newborn immediately after birth, to avoid shame, shall be punished by imprisonment for a period not exceeding five years and a fine not exceeding three hundred and seventy-five dinars, or by one of these two penalties.”

According to informed sources, the repeal affirms the state's commitment to upholding the right to life — considered the highest right enshrined in the Constitution and a core tenet of Islamic law. The sources emphasized that the mitigation of penalties for taking a life cannot be justified under any circumstances.

They explained that the now-repealed provision represented a deviation from constitutional principles, reduced legal protections for children from the moment of birth, and conflicted with Kuwait's international obligations, particularly the Convention on the Rights of the Child. This treaty underscores the necessity of providing children with the highest levels of protection against violence and neglect.

The sources further noted that the continued enforcement of Article 159 lacked legal justification, undermined the principle of equality before the law, and weakened the deterrent power of the criminal justice system in addressing murder cases. The repeal, they said, reflects the state’s intention to modernize its legislation in accordance with international standards and on the basis of justice and equality.

Following the repeal of Article 159, a mother who deliberately kills her newborn to avoid social shame will now be prosecuted under the general provisions of the law as a case of murder.