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Abortion Laws in Nepal

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Abortion Laws in Nepal
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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.

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:

OFFENSESPUNISHMENT
1. Intentionally causing abortion:
  • No one shall have the intention or knowledge to cause abortion against the consent of the pregnant woman.
  • No one shall cause abortion against a pregnant woman by coercing, threatening, alluring, or through indictment.
  • A sentence of imprisonment for a term not exceeding one year and a fine not exceeding ten thousand rupees in the case of pregnancy of up to twelve weeks.
  • A sentence of imprisonment for a term not exceeding three years and a fine not exceeding thirty thousand rupees in the case of pregnancy of more than twelve weeks and up to twenty-five weeks.
  • A sentence of imprisonment for a term not exceeding five years and a fine not exceeding fifty thousand rupees in the case of pregnancy of more than twenty-five weeks.
  • It shall constitute the offense of abortion if the pregnancy is not terminated at once by an act of abortion and the child is born alive but later dies immediately after birth as the consequence.
2. Causing abortion through commission of attempt to murder:
  • If anyone commits attempt to cause the death of a pregnant woman and as a consequence of such attempt the pregnant woman does not die but there is termination of her pregnancy of twenty-five weeks or more in such cases the offender shall be liable for sentence of imprisonment for a term not exceeding five years.
  • The offender shall be liable for sentence of imprisonment for a term not exceeding five years.
3. Causing abortion by premeditation:
  • No one shall act with premeditation against a pregnant woman causing abortion with or without the intention.
  • In the case of pregnancy of up to twelve weeks the offender shall be liable for sentence of imprisonment for a term not exceeding one year.
  • In the case of pregnancy of more than twelve weeks and up to twenty-five weeks the offender shall be liable for sentence of imprisonment of a term not exceeding three years.
  • In the case of pregnancy of more than twenty-five weeks the offender shall be liable for sentence of imprisonment for a term not exceeding five years.
4. Video screening with intent to cause abortion:
  • No one shall identify sex of the foetus with the intention of causing the abortion.
  • In the case of identifying or cause identification of the sex of the foetus with the intention of causing abortion one shall be liable for a sentence of imprisonment for a term of three months to six months.
  • In the case of committing the offence of aborting or causing abortion after identifying the sex, one shall be liable for a sentence of imprisonment for a term not exceeding one year.

Disclaimer: This article is for informational purposes only and shall not be construed as legal advice, advertisement, personal communication, solicitation or inducement of any sort from the firm or any of its members. The firm shall not be liable for consequences arising out of any action undertaken by any person relying on the information provided herein.

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