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Call for Full Decriminalization of Abortion Gains Momentum at Kathmandu Discussion


Kathmandu: “Abortion is a need, not a privilege, and should be fully decriminalized,” was the focal point of a recent discussion themed “My Body: My Right – Safe Abortion and Decriminalization.” The event, organized on Tuesday, emphasized viewing abortion from a rights-based approach, advocating for its removal from criminal law frameworks.

According to National News Agency Nepal, the participants, including medical professionals, rights activists, legal advocates, and journalists, highlighted the legal barriers hindering women’s bodily autonomy regarding abortion rights. They called for explicit inclusion of abortion rights in the Safe Motherhood and Reproductive Health Rights Act, asserting that women should have the right to terminate unwanted pregnancies.

Forum for Women, Law and Development (FWLD) Executive Director and Advocate Sabin Shrestha presented a case for fully decriminalizing abortion in situations such as pregnancies resulting from rape, non-viable fetuses, or serious risks to the woman’s li
fe. Although Nepal’s Safe Motherhood and Reproductive Health Rights Act 2018 permits abortion up to 28 weeks under specific conditions, discrepancies with the Penal Code 2017, which decriminalizes abortion up to 18 weeks in cases of rape or incest, create legal ambiguities.

Dr. Padam Raj Panta, Chairperson of the Nepal Society of Obstetricians and Gynecologists, highlighted the challenge of improving maternal mortality rates while advocating for the decriminalization of abortion in specific conditions. He noted that, out of humanity, medical professionals sometimes prioritize the mother’s life over the fetus’s.

Advocate Sonali Regmi, a reproductive health rights specialist, emphasized that abortion concerns self-dignity, personal decision-making, and bodily autonomy. She challenged media-spread myths suggesting that underage or unmarried girls are the primary abortion seekers, noting that 55% of seekers are women with children. Regmi argued that denying abortion access violates fundamental human rights.

Pr
abhakar Shrestha, legal advisor to the Center for Reproductive Rights, stressed the need for policy reforms in line with constitutional and international commitments to women’s rights. Kamala Panthi, Chair of Sancharika Samuha, concluded that most women seek abortions out of necessity, not choice.

The gathering also addressed legal gaps concerning rape cases involving minors, survivors, and women with disabilities, and raised concerns about sex-selective abortions and the lack of safe abortion access in rural areas. The event was jointly organized by Sancharika Samuha Nepal, the Center for Reproductive Rights, and the Forum for Women, Law and Development (FWLD).