Abortion in Nepal: Legal Evolution, Rights, and Contemporary Challenges

Abortion in Nepal: Legal Evolution and Contemporary Challenges

Abortion has historically been a pressing public health and human rights issue in Nepal. Once strictly prohibited, the legal stance on abortion has undergone a transformative journey, evolving into the recognition of reproductive rights as a legitimate part of women’s healthcare. The previous criminalization of abortion led to numerous harmful consequences, including unsafe medical procedures, increased maternal deaths, and criminal charges against both women and healthcare professionals. A major turning point came in 2002 when Nepal legalized abortion under specific circumstances, affirming women’s rights over their reproductive health and facilitating access to safer services.

The Safe Motherhood and Reproductive Health Rights Act, 2018 formally guarantees the right to abortion. According to this law:

• Abortion on request is permitted up to 12 weeks of pregnancy.
• In cases involving rape, incest, or fetal abnormalities, abortion is allowed up to 28 weeks.
• If the life or health of the pregnant woman is at risk, abortion is permitted at any stage of pregnancy.

However, despite these progressive provisions, widespread barriers remain. Many women, particularly in rural areas, face challenges such as lack of awareness, social stigma, and limited access to qualified healthcare facilities.

While the legal landscape has advanced significantly, there is still much to be done to improve understanding, accessibility, and healthcare infrastructure surrounding reproductive rights. Abortion remains a key concern tied closely to the broader themes of women's empowerment, public health, and justice.

Illegal Abortion and Penal Provisions

Under the Muluki Penal Code, 2074, abortion remains a punishable offense unless it meets the legally sanctioned conditions. Section 88 outlines the following:

• Unlawful Abortion: No one is allowed to induce an abortion or perform any act knowing it may result in termination of pregnancy. Coercing a woman through threats, inducements, or manipulation to abort is strictly prohibited.

Punishments for Illegal Abortion:

• If the pregnancy is up to 12 weeks: up to 1 year imprisonment and a fine of up to Rs. 10,000.
• For pregnancies between 12 to 25 weeks: up to 3 years imprisonment and a fine of up to Rs. 30,000.
• For pregnancies over 25 weeks: up to 5 years imprisonment and a fine of up to Rs. 50,000.
• If a child is born alive following a failed abortion and dies as a result of the abortion, the offender is subject to relevant penal provisions.

Attempted Murder Resulting in Abortion:

If an individual attempts to kill a pregnant woman and this results in the termination of a pregnancy beyond 25 weeks, they face up to 5 years imprisonment in addition to any other applicable penalties.

Premeditated Actions Causing Abortion:

• Up to 12 weeks: imprisonment up to 1 year.
• 12–25 weeks: imprisonment up to 3 years.
• Over 25 weeks: imprisonment up to 5 years.

Sex-Selective Abortion

Section 88(7) of the Penal Code explicitly prohibits fetal sex identification with the intention to abort. Both identifying the fetus's sex and proceeding with an abortion based on that knowledge are criminal offenses.

Punishments Include:

• For sex identification with intent to abort: 3 to 6 months imprisonment.
• For abortion following sex identification: up to 1 year imprisonment in addition to the abortion-related penalty.

Legal Grounds for Abortion (Section 189, Muluki Penal Code, 2074)

Abortion is permitted under specific conditions:

• With the pregnant woman’s consent, if the pregnancy is up to 12 weeks.
• If continuing the pregnancy endangers the woman’s life or physical/mental health, or would result in a child with severe disability—termination is allowed with her consent and a licensed doctor’s opinion.
• In cases of rape or incest, termination is permitted up to 18 weeks with the woman’s consent.
• A woman living with HIV/AIDS or another incurable illness may also terminate the pregnancy with her consent.

Time Limit for Filing Complaints: Legal action must be initiated within six months from the date the offense is discovered (Section 190).

The legalization of abortion in Nepal marks a critical advancement in upholding women’s reproductive autonomy and enhancing maternal health. From an outright ban to a rights-based approach, Nepal's laws now reflect a more inclusive and protective stance toward safe abortion services. The Safe Motherhood and Reproductive Health Rights Act, 2018 ensures women can make informed decisions regarding pregnancy under clear legal conditions.

Nevertheless, enforcement of these laws remains uneven due to persistent social taboos, limited public awareness, and weak healthcare systems, particularly in rural communities. The Muluki Penal Code, 2074 imposes firm restrictions and penalties against illegal abortions, coercive practices, and sex-selective terminations, demonstrating Nepal’s dedication to ethical standards in reproductive health.

To bridge the gap between legislation and practical access, Nepal must prioritize public education, expand healthcare outreach, and foster community engagement. Realizing reproductive rights in Nepal is not just about legal reform, it is central to achieving gender equality, public health equity, and social justice.