Stakeholders have said that abortion is a woman's right and should not be viewed as a crime. In the discussion on safe abortion and decriminalization held on Tuesday under the topic 'My Body: My Rights', the concerned bodies said that the mother has the right over the fetus and it should not be viewed as a crime.

They said that because Article 38 (2) of the Constitution of Nepal gives women fundamental rights regarding reproductive health, this is not a crime but a necessity.

Abortion-related Criminal Code, 2074 and Safe Maternity and Reproductive Health Rights Act, 2075 are being implemented . Advocate Sabin Shrestha said that when a woman has an abortion, it is done under the Reproductive Health Act, but because the punishment for the crime is given through the code, abortion is not a crime and is a woman's right.

"There is an inconsistency between the National Criminal Code, 2074 and the Safe Maternal and Reproductive Health Rights Act, 2075," he said. Matters related to abortion should be brought under the Act. Similarly, he said that there is a danger to the life of the woman, the life of the fetus in the womb has been destroyed and there should not be a time or week limit in the case of rape. He said that women should have the right to choose whether to keep their pregnancy or not.

Chapter 13 of the Criminal Code 2074 provides for 'crimes against pregnancy protection'. Section 188 stipulates that no one shall cause an abortion or cause an abortion with the intention of causing an abortion. Section 189 provides that an abortion can be performed with the consent of a pregnant woman after 12 weeks, if the woman's life is in danger or if the child is born with a disability, and the opinion of a licensed doctor is that the woman can have an abortion. Similarly, the consent of a woman who has remained from forced or forced abortion, immune suppressing bacteria (HIV) or other incurable diseases of the same nature can have an abortion up to 18 weeks .

In addition to these situations, the Civil Code provides for imprisonment for up to one year and a fine of 10,000 rupees for abortion up to 12 weeks, imprisonment for up to 3 years and a fine of 30,000 rupees for pregnancy exceeding 12 weeks and a fine of 30,000 rupees, and imprisonment for 5 years and a fine of 50,000 rupees for pregnancy exceeding 25 weeks . 

Safe Maternal and Reproductive Health Rights Act, 2075 has given women the right to receive abortion services. Not only that, this act has also given every woman the right to determine the number of pregnancies or children. But advocate Shrestha says that abortion should not be viewed as a crime because the Safe Maternity and Reproductive Health Rights Act is implemented and violations are punished according to the Criminal Code.

In the civil criminal code, it is mentioned that by coercion or coercion, with the consent of a pregnant woman who is infected with HIV or any other incurable disease in her body, up to 18 weeks of pregnancy can be aborted . But in the Safe Maternal and Reproductive Health Rights Act, it is said that abortion can be done up to 28 weeks.

In the bill made to amend the Criminal Code, 2074, currently maintained  It is proposed to amend the current period of 25 weeks to make it 28 weeks. Not only that, it has been proposed to amend the provisions that allow an abortion with the consent of a pregnant woman up to 18 weeks of forced labor or manipulation, and to maintain provisions such as the possibility of abortion at any time with the consent of the pregnant woman without endangering her life. . 

'In the proposed bill, it is being tried to maintain the provision of whenever . We welcome it," said Advocate Shrestha, "but all this should come under the law. Because abortion is not a crime. He said that children, rape victims and women with disabilities will suffer more with this arrangement.

President of Nepal Society of Obstetricians and Gynecologists (NECOG) Dr. Padmaraj Pant said that if the life of the mother and the child are at risk, efforts should be made to advance the provision of abortion at any time. 

Sonali Regmi, an advocate working on reproductive health, said that the health conditions of men and women are different and women's reproductive health is complicated. How many are having abortions?,' she said, 'It is important to understand this.' If a woman needs an abortion, there is child marriage in Nepal, the chances of pregnancy are high.