Abortion Law in Nepal

bortion Law in Nepal
Abortion is the termination of pregnancy by removing the embryo or fetus from the uterus. Abortion can be done for various reasons, such as health, social, economic or personal. Abortion can also be spontaneous or induced. Spontaneous abortion is also known as miscarriage, which occurs naturally due to complications or accidents. Induced abortion is the deliberate intervention to end a pregnancy.

Abortion is a sensitive and controversial issue that involves legal, ethical, religious and human rights aspects. Different countries have different laws and policies regarding abortion, ranging from liberal to restrictive. In this article, we will explore the abortion law in Nepal, its history, provisions and implications.

History of Abortion Law in Nepal
Nepal used to have strict anti-abortion laws that criminalized abortion in all circumstances, except when the life of the pregnant woman was in danger. The law was based on the Muluki Ain 1963, which was the general code of Nepal that regulated civil and criminal matters. According to this law, anyone who performed or attempted an abortion, or caused a pregnant woman to abort, was liable to imprisonment and fine. The pregnant woman who sought an abortion was also subject to punishment. As a result, many women resorted to unsafe and illegal abortions, which often led to complications, infections, injuries and even death. It was estimated that about 20% of maternal deaths in Nepal were caused by unsafe abortions. Moreover, about 20% of women prisoners were incarcerated for abortion-related offenses.

In March 2002, Nepal legalized abortion under the 11th Amendment to the Civil Code. The amendment was influenced by various factors, such as the high maternal mortality rate, the pressure from women's rights groups, the international human rights standards and the democratic transition in Nepal. The amendment aimed to protect the health and rights of women and reduce the burden on the criminal justice system. The legal services for abortion were successfully implemented on December 25, 2003.

In 2018, Nepal enacted a new law called the Right to Safe Motherhood and Reproductive Health Act, which replaced the previous provisions on abortion in the Civil Code. The new law further expanded the scope and accessibility of abortion services and recognized reproductive health as a fundamental right of every person.

Provisions of Abortion Law in Nepal
According to the Right to Safe Motherhood and Reproductive Health Act 2018, abortion is legal in Nepal under certain conditions and time limits. The law also regulates the qualifications, responsibilities and duties of the service providers and facilities that offer abortion services. The main provisions of the law are as follows:

•  A pregnant woman can terminate her pregnancy up to 12 weeks of gestation with her own consent.

•  A pregnant woman can terminate her pregnancy up to 18 weeks of gestation with her own consent if the pregnancy is a result of rape or incest.

•  A pregnant woman can terminate her pregnancy at any stage of gestation with her own consent if a licensed doctor certifies that her life is in danger or her physical or mental health may deteriorate or a disabled child may be born if the pregnancy is not terminated.

•  A pregnant woman with HIV or another incurable disease of similar nature can terminate her pregnancy with her own consent.

•  A pregnant woman who wants to terminate her pregnancy must obtain counseling and information from a licensed service provider before and after the procedure.

•  A pregnant woman who terminates her pregnancy must receive post-abortion care and follow-up services from a licensed service provider.

•  A licensed service provider who performs an abortion must have adequate training, skills and equipment and must follow the prescribed standards and protocols.

•  A licensed service provider who performs an abortion must maintain confidentiality and respect the dignity and privacy of the pregnant woman.

•  A licensed service provider who performs an abortion must report the details of the procedure to the concerned authority within 15 days.

•  A licensed service provider who performs an abortion must refer the pregnant woman to another facility if he or she is unable to perform the procedure due to personal or professional reasons.

Implications of Abortion Law in Nepal
The legalization of abortion in Nepal has had significant impacts on the health and rights of women and society at large. Some of these are:

•  The legalization of abortion has reduced maternal mortality and morbidity caused by unsafe abortions. According to a study by Puri et al., between 2001 and 2014, there was a 76% decline in maternal deaths due to abortion complications in Nepal.

•  The legalization of abortion has increased access to safe and quality abortion services for women, especially in rural and remote areas. According to a report by Ipas Nepal, between 2004 and 2014, more than 500,000 women received legal abortion services from over 1,200 certified facilities across Nepal.

•  The legalization of abortion has empowered women to exercise their reproductive rights and choices and to plan their families and lives. According to a survey by CREHPA, 93% of women who had an abortion reported that they were satisfied with the decision and 89% reported that they felt relieved after the procedure.

•  The legalization of abortion has reduced the stigma and discrimination associated with abortion and improved the awareness and attitudes of the public and the health workers towards abortion. According to a study by Tamang et al., there was a significant increase in the acceptance and support for abortion among various stakeholders, such as women, men, service providers, community leaders and policy makers, after the legalization of abortion in Nepal.

Abortion law in Nepal is one of the most progressive and comprehensive laws in the world. It reflects the commitment of the Nepalese government and society to uphold the health and rights of women and to achieve the sustainable development goals. However, there are still some challenges and gaps that need to be addressed, such as the lack of awareness, availability, affordability and accessibility of abortion services, the social and cultural barriers and pressures that influence women's decision making, the legal and ethical dilemmas that arise in some cases of abortion, and the need for continuous monitoring, evaluation and improvement of the quality and standards of abortion services. Therefore, it is essential to strengthen the implementation and enforcement of the law, to enhance the capacity and accountability of the service providers and facilities, to increase the advocacy and education on abortion rights and services, and to ensure the participation and collaboration of all relevant stakeholders in advancing safe abortion in Nepal.