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This article highlights the legal provisions regarding abortion law in Nepal and provisions relating to illegal abortion in Nepal.
Laws Governing Abortion
Abortion is the medical procedure of deliberate termination of human pregnancy. The Government of Nepal has recognized the importance of reproductive rights and has implemented policies and programs to ensure that women have access to safe and legal abortion services. Abortion was first legalized in Nepal in 2002, under the then Muluki Ain.
Right to safe abortion is the part of fundamental right related to reproductive health and safe motherhood pursuant to article 38 (2) of the Constitution of Nepal, 2015. Nepal promulgated Safe Motherhood and Reproductive Health Right Act, 2018 to further recognize safe abortion as a fundamental human right. Furthermore, the provisions related to prohibition of illegal abortion are incorporated in the National Criminal Code, 2017.
Conditions for Legal Abortion in Nepal
Nepal has criminalized abortion except in the conditions mentioned in the section 15 of Safe Motherhood and Reproductive Health Right Act, 2018 and section 189 of National Criminal Code, 2017. Consent of the pregnant woman and involvement of a licensed medical practitioner are the key pre-conditions for safe abortion as provided in the laws. The conditions for legal abortion in Nepal are as follows:
- Abortion for any reason upto 12 weeks of gestation,
- Abortion for upto 28 weeks of gestation in the case of pregnancy conceived from rape or incest,
- Abortion for upto 28 weeks of gestation in the case where the licensed medical practitioner opines that the life of the pregnant woman is in danger and deteriorates the physical or mental health of the woman,
- Abortion for upto 28 weeks of gestation in the case pregnant woman is suffering from the human immune deficiency virus (HIV) or other incurable disease of similar nature, or
- Abortion for upto 28 weeks of gestation in the case where there is defect in the fetus in the womb that may be destroyed in the womb or there are chances for birth of a child with disability due to hereditary defects.
Punishment for Abortion in Nepal
Abortion is criminalized in Nepal in the following categories pursuant to section 188 of National Criminal Code, 2017:
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1. Intentionally causing abortion: |
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2. Causing abortion through commission of attempt to murder: |
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3. Causing abortion by premeditation: |
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4. Video screening with intent to cause abortion: |
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