Still women and girls are not able to exercise this right easily.
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The 11th National Safe Abortion Service Day is being celebrated across the country today with the message that 'safe abortion service is not an option for a safe life, it is a fundamental right'. But still women and girls are not able to exercise this right easily.
Health workers, women's rights workers and stakeholders have emphasized that the government should take concrete steps for immediate legal reform, expansion of services and effective implementation.
In Nepal, since abortion was legalized on October 10, 2059 through the 11th amendment of the National Law, the "National Safe Abortion Service Day" has been celebrated every year on October 10. Reproductive Health Rights Working Group of 18 organizations including Women, Law and Development Forum (FWD) issued a joint statement saying that structural weaknesses, legal ambiguity and social stigma are still creating challenges in abortion services that are directly connected to women's health and life. mentioned.
Article 38(2) of the Constitution of Nepal provides maternity and reproductive health rights as fundamental rights, while Article 35(1) makes all basic health services free. However, even though the Safe Maternal and Reproductive Health Rights Act, 2075 and the Public Health Services Act, 2075 legally define safe abortion, in practice, easy access for women remains a challenge.
Natural and man-made crises such as the covid-19 epidemic, floods, landslides, and droughts have deprived many women of access to services. According to statistics, 52 percent of abortions are still unsafe. The fact that about five percent of the two women who die every day are due to unsafe abortion shows that the problem is serious.
A 2024 study by Kripa shows that 4 out of 10 women still do not have access to safe abortion services and 38 percent have tried to seek services from illegal or unsafe facilities. Lack of legal knowledge, social fear, lack of services and lack of information about health institutions are the main reasons for this.
In 'Roshni Poudel v. Government of Nepal' (Writ No. 076-wo-0962), the Supreme Court ordered that reproductive health materials be included in essential health services and ensure sensitive access to women during epidemics. But there is still no clear legal framework to ensure continuity of safe abortion services during emergencies or humanitarian crises.
However, the Ministry of Health and Population has prepared a draft bill to amend the Safe Maternal and Reproductive Health Rights Act, 2075 and issued a public notice for opinions. The draft includes a provision to ensure service even during calamities, which stakeholders have taken as a positive step.
