Abortion in Nepal

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Nepal legalised abortion in March 2002, under the 11th Amendment to the Civil Code. The legal services were successfully implemented on December 25, 2003. [1] The high maternal mortality rates in Nepal led to the government legalising it. More than 500,000 women sought abortion between 2004 and 2014. [2] In 2014, 323,100 women in Nepal had the abortion; among this, only 42% of abortions were legal and 19% were treated for abortion complications. Similar study had found the rate of unintended pregnancy as 50%. [3] [4]

Contents

Safe abortion guidline 2073

Methods for abortion

According to the services provided by the government, women are allowed to choose between manual vacuum aspiration (MVA) and medical abortion (MA) abortion procedures.

Manual vacuum aspiration: It is a moderately invasive procedure where cervical dilators are used and suction is applied to remove the pregnancy from the uterus. [5]

Medical abortion: Medical abortion is a method most often combining a series of two types of oral pills taken to terminate the pregnancy. The experience is similar to a miscarriage and many patients feel it is a less invasive option. [6]

Abortion law in Nepal

Prior to 2002, Nepal had strict anti-abortion laws which ensured not only the imprisonment of the pregnant women who seek abortion but also their family members. In fact about 20% of women prisoners were imprisoned for abortion-related choices. [7]

According to the law, women had access to legal abortion only under the following conditions

·        The pregnancy must be under 12 weeks of gestation. If the woman is above 16 years of age, she does not require the permission of her husband or her guardian.

·        In the case of rape or incest, the pregnancy must be under 18 weeks of gestation.

·        If recommended by the doctor, at any stage of the pregnancy if it poses danger to the physical or mental health of the pregnant woman or if the fetus suffers from severe physical deformity. [8]

Related Research Articles

Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of all pregnancies. When deliberate steps are taken to end a pregnancy, it is called an induced abortion, or less frequently "induced miscarriage". The unmodified word abortion generally refers to an induced abortion. The most common reasons women give for having an abortion are for birth-timing and limiting family size. Other reasons reported include maternal health, an inability to afford a child, domestic violence, lack of support, feeling they are too young, wishing to complete education or advance a career, and not being able or willing to raise a child conceived as a result of rape or incest.

Late termination of pregnancy, also referred to politically as third trimester abortion, describes the termination of pregnancy by inducing labor during a late stage of gestation. In this context, late is not precisely defined, and different medical publications use varying gestational age thresholds. As of 2015 in the United States, more than 90% of abortions occur before the 13th week, 1.3% of abortions in the United States took place after the 21st week, and less than 1% occur after 24 weeks.

Abortion in Australia is legal. There are no federal abortion laws, and full decriminalisation of the procedure has been enacted in all jurisdictions. Access to abortion varies between the states and territories: Surgical abortions are readily available on request within the first 22 to 24 weeks of pregnancy in most jurisdictions, and up to 16 weeks in Tasmania. Later-term abortions can be obtained with the approval of two doctors, although the Australian Capital Territory only requires a single physician's approval.

<span class="mw-page-title-main">Vacuum aspiration</span> Gynaecological procedure

Vacuum or suction aspiration is a procedure that uses a vacuum source to remove an embryo or fetus through the cervix. The procedure is performed to induce abortion, as a treatment for incomplete spontaneous abortion or retained fetal and placental tissue, or to obtain a sample of uterine lining. It is generally safe, and serious complications rarely occur.

Dilation and evacuation (D&E) or dilatation and evacuation is the dilation of the cervix and surgical evacuation of the uterus after the first trimester of pregnancy. It is a method of abortion as well as a common procedure used after miscarriage to remove all pregnancy tissue.

Abortion has been legal in India under various circumstances with the introduction of the Medical Termination of Pregnancy (MTP) Act, 1971. The Medical Termination of Pregnancy Regulations, 2003 were issued under the Act to enable women to access safe and legal abortion services.

Abortion in Japan is allowed under a term limit of 22 weeks for endangerment to the health of the pregnant woman, economic hardship, or rape. Chapter XXIX of the Penal Code of Japan makes abortion de jure illegal in the country, but exceptions to the law are broad enough that it is widely accepted and practiced. Exceptions to the prohibition of abortion are regulated by the Maternal Health Protection Law that allows approved doctors to practice abortion on a woman if the pregnancy was the result of rape or if the continuation of the pregnancy endangers the maternal health because of physical or economic reasons. Anyone trying to practice abortion without the consent of the woman will be prosecuted, including the doctors. If a woman is married, consent from her spouse is also needed to approve abortions for socioeconomic reasons, although the rule doesn't apply if she is in a broken marriage, suffering abuse, or other domestic issues. Despite the partner's consent not being necessary for unmarried women and women who were impregnated by abusive partners or through rape, many doctors and medical institutions seek a signature from the man believed to have made the woman pregnant for fear of getting into legal trouble, rights advocates say.

Abortion in Venezuela is currently illegal except in some specific cases outlined in the Venezuelan Constitution, and the country has one of Latin America's most restrictive laws.

Abortion in Denmark was fully legalized on 1 October 1973, allowing the procedure to be done electively if a woman's pregnancy has not exceeded its 12th week. Under Danish law, the patient must be over the age of 18 to decide on an abortion alone; parental consent is required for minors, except in special circumstances. An abortion can be performed after 12 weeks if the woman's life or health are in danger. A woman may also be granted an authorization to abort after 12 weeks if certain circumstances are proved to be present.

Foeticide, or feticide, is the act of killing a fetus, or causing a miscarriage. Definitions differ between legal and medical applications, whereas in law, feticide frequently refers to a criminal offense, in medicine the term generally refers to a part of an abortion procedure in which a provider intentionally induces fetal demise to avoid the chance of an unintended live birth, or as a standalone procedure in the case of selective reduction.

Abortion is illegal in Bangladesh under most situations, but menstrual regulation is often used as a substitute. Bangladesh is still governed by the penal code from 1860, where induced abortion is illegal unless the woman is in danger.

In Benin, abortion is legal on broad socioeconomic grounds up to twelve weeks of pregnancy.

Abortion is a controversial topic in Nigeria. Abortion in Nigeria is governed by the two laws that differs greatly depending on geographical location. Northern Nigeria is governed by The Penal Code and Southern Nigeria is governed by The Criminal Code. The only legal way to have an abortion in Nigeria is if having the child is going to put the mother's life in danger. However, sex-selective abortion has long had acceptance in Nigeria.

Abortion in Guatemala is illegal, except when needed to save the woman's life. Abortion was illegal without exception prior to 1973. Congressional Decree 17-73 altered the penal code to allow abortion in cases in which the pregnant woman's life is endangered in September 1973. The procedure must be done by a physician and approved by a second doctor.

<span class="mw-page-title-main">Abortion in South Korea</span>

Abortion in South Korea was decriminalized, effective 1 January 2021, by a 2019 order of the Constitutional Court of Korea. It is currently legal throughout pregnancy, as no new law has been enacted. Thus there are no gestational limits or other restrictions.

Abortion in Vietnam is legal until 22 weeks of pregnancy and provided free of charge by the state through Article 44 of the 1989 Public Health Protection Law. Vietnam also has one of the highest rates of abortion that has been surveyed in the world and its abortion laws are among the most liberal in Southeast Asia and the world.

Abortion in Ghana is banned except when there is a valid exemption. The abortion should also be conducted only at a government hospital; registered private hospital, clinics registered under the Private Hospitals and Maternity Homes Act, 1958 and a place approved by the Minister of Health by a Legislative Instrument. Illegal abortions are criminal offenses subject to at most five years in prison for the pregnant woman who induced said abortion, as well as for any doctor or other person who assisted this pregnant woman in accessing, or carrying out, an abortion. Attempts to cause abortions are also criminal, as are the purveyance, supply, or procurement of chemicals and instruments whose intent is to induce abortions.

Abortion in Singapore is legal and widely accessible. It was formally legalised in 1974, being one of the first countries in Asia to do so. It is available on request for Singaporean citizens, permanent residents, individuals with an issued student or work pass, individuals who have been a resident of Singapore for a minimum of four months as well as anyone married to a Singaporean citizen or a permanent resident. Foreigners may also obtain an abortion in Singapore if their lives are endangered.

In 2005, the Ethiopian Parliament liberalised the abortion law to grant safe abortions to women in specific circumstances.

In Lesotho, abortion is illegal unless the pregnancy poses a risk to life or health.

References

  1. Worrell, Marc. "Nepal: Abortion law". Women on Waves. Retrieved 2018-09-28.
  2. Bhandari, T. R.; Dangal, G. (2015-08-17). "Abortion Practices in Nepal: What does Evidence Show?". Nepal Journal of Obstetrics and Gynaecology. 10 (1): 3–11. doi: 10.3126/njog.v10i1.13186 . ISSN   1999-8546.
  3. Puri, Mahesh; Singh, Susheela; Sundaram, Aparna; Hussain, Rubina; Tamang, Anand; Crowell, Marjorie (2016). "Abortion Incidence and Unintended Pregnancy in Nepal". International Perspectives on Sexual and Reproductive Health. 42 (4): 197–209. doi:10.1363/42e2116. ISSN   1944-0391. JSTOR   10.1363/42e2116. PMC   5568822 . PMID   28825899.
  4. "Abortion Law in Nepal". Notary Nepal. Retrieved August 29, 2024.
  5. "Vacuum Aspiration for Abortion | CS Mott Children's Hospital | Michigan Medicine". www.mottchildren.org. Retrieved 2018-09-28.
  6. "10 Things You Should Know about Abortion Service in Nepal". The ASAP Blog. 2015-08-24. Retrieved 2018-09-28.
  7. Wu, Wan-Ju; Maru, Sheela; Regmi, Kiran; Basnett, Indira (June 2017). "Abortion Care in Nepal, 15 Years after Legalization". Health and Human Rights. 19 (1): 221–230. ISSN   1079-0969. PMC   5473051 . PMID   28630554.
  8. Worrell, Marc. "Nepal: Abortion law". Women on Waves. Retrieved 2018-09-28.