Legal safeguards fail to curb abortion prosecution
Summary
Despite Nepal's progressive abortion laws allowing abortion up to 12 or 28 weeks under specific conditions, women like Kalpana and Sarita face criminal charges and social stigma due to legal contradictions and police interventions.
Key Points
- Nepal's Safe Motherhood and Reproductive Health Rights Act (2018) allows abortion up to 12 weeks on request and up to 28 weeks in special cases like rape or threats to health.
- Women such as Kalpana and Sarita have been arrested and prosecuted despite having legal abortions, showing implementation gaps.
- Police require FIRs and often apply criminal law instead of the rights-based abortion law, causing legal contradictions and delays.
- Advocates stress that abortion should be decriminalised and treated strictly as healthcare, aligning practice with law and international obligations.
