Current abortion law in Nepal leading to unsafe practices

Although Nepal's Constitution and international women's rights movements guarantee the right to safe abortion, experts have pointed out that the recent Safe Abortion Act has narrowed this right, effectively criminalizing both service seekers and providers.

By Pabitra Sunar
June 17, 2025

KATHMANDU, June 17: Although Nepal's Constitution and international women's rights movements guarantee the right to safe abortion, experts have pointed out that the recent Safe Abortion Act has narrowed this right, effectively criminalizing both service seekers and providers.

This concern was raised by presenters during a recently held dialogue on reproductive rights. … experts argue that despite these provisions, the law has effectively criminalized the right to abortion. Pushpa Joshi, a member of YoSHAN, stated that the existing legal framework automatically leads to criminalization. As a result, instead of accessing safe abortion services, many women are forced into unsafe abortions, she said.

Continued: https://myrepublica.nagariknetwork.com/news/current-abortion-law-in-nepal-leading-to-unsafe-practices-92-31.html

Decriminalising abortion in Asia: Perspectives from India and Nepal

Decriminalising abortion encourages access to safe abortion and proper post-abortion care. It does not mean that the law would no longer regulate abortion, but that no one would be punished for providing or having an abortion, and the law provides a positive framework to ensure access to safe abortion.

RADHIKA SAXENA AND PRABINA BAJRACHARYA
MAY 28, 2023

“FIFTEEN-year-old Sita (name changed), who got pregnant due to rape, ended her pregnancy by consuming medical pills her father obtained from a local pharmacist. Sita’s district court statement noted that she sought an abortion to safeguard her and her family’s reputation. The court convicted Sita of illegal abortion and sentenced her based on her admission.” – Center for Reproductive Rights & Forum for Women, Law and Development, Decriminalization of Abortion in Nepal: Imperative to Uphold Women’s Rights, 2021

The ability to make and exercise decisions about one’s body, sexuality and reproduction is at the core of gender, economic and social justice. Under international human rights law, States are obliged to respect, protect and fulfil rights related to sexual and reproductive health, including the rights to life, health, privacy, information, freedom from ill-treatment, non-discrimination and equality. States are also required to guarantee access to quality sexual and reproductive health information and care, including abortion services.

Continued: https://theleaflet.in/decriminalising-abortion-in-asia-perspectives-from-india-and-nepal/

Government of Nepal moves to decriminalize abortion in response to rights campaign

JURIST Staff
AUGUST 30, 2021

After years of advocacy by women’s rights groups, the Government of Nepal has agreed to decriminalize abortion and protect the sexual and reproductive health rights of women and girls. Nepalese law students Smriti Phuyal and Smriti Pantha from NLU Delhi and Kathmandu University School of Law file this exclusive report for JURIST from Kathmandu.

The move began when the Center for Reproductive Rights and its Nepal-based partners made a compliance report for the Universal Periodic Review (“UPR”) focusing on the barriers to safe abortion services in Nepal and its impact on the sexual and reproductive health rights of women.

Continued: https://www.jurist.org/news/2021/08/nepal-dispatches-government-of-nepal-moves-to-decriminalize-abortion-in-response-to-rights-campaign/