Abortion has been a major public health and human rights issue in Nepal, which evolved gradually from an absolutely prohibited practice to a legally recognized reproductive right. It is to be noted that criminalization of abortion under Nepalese law had resulted in unsafe abortions, maternal mortality, and sanctions under the law for women and health care providers. In 2002, Nepal made a landmark shift by allowing abortion on specified grounds, recognizing women's reproductive rights and opening avenues for safe medical services.
The Act on Safe Motherhood and Reproductive Health Rights, 2018, ascertains that in Nepal the right to abortion by request is granted to women throughout 12 weeks of pregnancy; in cases of rape, incest, and anomalies, up to 28 weeks; and at any time if the woman's life or health is in danger. These legal provisions are yet to ensure proper access to safe abortion services due to prevailing issues of ignorance, stigma, and scarcity of healthcare facilities in rural areas.
Despite progress, the case of reproductive rights in Nepal still requires ongoing work to further improve awareness, accessibility, and healthcare infrastructure. Abortion in Nepal continues to be a highly important issue within broader contexts such as women's rights, public health, and social justice.
Muluki Penal Code, 2074 sec 88 has prohibited abortion.
- No person shall commit abortion or do any act with the knowledge or have reason to believe that such act is likely to cause abortion.
- No person shall cause a pregnant woman to abort, by threatening, alluring, or inducing her to abort.
Punishment
- Imprisonment for a term not exceeding one year and fine not exceeding ten thousand rupees in case of pregnancy of up to twelve weeks.
- Imprisonment for a term not exceeding three years and a fine not exceeding thirty thousand rupees in case of pregnancy more than twelve weeks and up to twenty-five weeks.
- Imprisonment for a term not exceeding five years and a fine not exceeding fifty thousand rupees in case of pregnancy of more than twenty-five weeks.
- If pregnancy is not terminated at once by an act of abortion and the child is born alive but the child dies immediately after birth as the consequence of abortion then shall be punishable as per laws of abortion.
- If an act done by a person in making an attempt to cause the death of a pregnant woman does not cause the death of the woman but causes the termination of her pregnancy of twenty-five weeks or more, the offender shall be liable to a sentence of imprisonment for a term not exceeding five years, in addition to the sentence to be imposed under this act or other law.
- If any act done by a person with premeditation against a pregnant woman causes abortion, that person shall be liable to the following sentence even though he or she has done such act with the intention of causing abortion.
- A sentence of imprisonment for a term not exceeding one year in the case of pregnancy of up to twelve weeks.
- A sentence of imprisonment for a term not exceeding three years in the case of pregnancy more than twelve weeks and up to twenty-five weeks.
- A sentence of imprisonment for a term not exceeding five years in the case of pregnancy more than twenty-five weeks.
Muluki Penal Code, 2074 sec 88 (7) states that no person shall, with the intention of causing abortion, do, or cause to be done, any act by which the sex of the fetus is identified, and abort or cause abortion following such sex identification.
Punishment.
A sentence of imprisonment for a term of three months to six months, in the case of the offense of identifying, or causing identification of, the sex of the fetus with the intention of causing abortion,
A sentence of imprisonment for a term not exceeding one year, in addition to the sentence for the offense of aborting or causing an abortion after identifying the sex.
Muluki Penal Code 2074, sec 189 has specified conditions in which abortion can be done.
- The pregnancy of up to twelve weeks is terminated with the consent of the pregnant woman,
- The pregnancy is terminated with the consent of the pregnant woman, upon the opinion of a licensed doctor that her life may be in danger her physical or mental health may deteriorate or a handicapped child will born if the pregnancy is not terminated,
- The pregnancy of up to eighteen weeks conceived from rape or incest is terminated with the consent of the pregnant woman,
- The pregnancy of a woman with a human immune- deficiency virus (HIV) or another incurable disease of a similar nature is terminated with her consent.
Muluki Penal Code, 2074 sec 190 has given time limitation of six months from the date of knowledge of the commission of the offense.
The legalization of abortion in Nepal was a landmark development toward advancing reproductive rights and public health for women. From a flat-out ban, Nepal moved to adopt a rather progressive legal framework that recognizes safe abortion as an indispensable element in bringing down maternal mortality and reducing unsafe procedures. The Safe Motherhood and Reproductive Health Rights Act, of 2018, has enabled a woman to exercise her reproductive rights in abortion under certain conditions. Despite these legal provisions, access to safe abortion services is still an issue because of deep-rooted stigma, misconceptions, and incomplete awareness on the one hand and poor health infrastructures on the other.
The Muluki Penal Code, 2074, has laid down strict regulations and punishments on abortions, further making the practice illegitimate, except when performed legally under certain conditions. Stringent punishments including forced abortions, sex-selective terminations, and unsafe practices once again underscore Nepal's commitment to ethical reproductive health care. But much more has to be done in the line of enforcement of laws in curbing discrimination, ensuring equal access, and providing better healthcare facilities.
Moving forward, comprehensive awareness campaigns, healthcare improvements, and community involvement are required to narrow the gap between legal provisions and practical accessibility. Ensuring reproductive rights in Nepal is not only a matter of legal commitment but also crucial for achieving gender equality, public health, and social justice.