Abortion is the intentional termination of a pregnancy after conception. It allows women to put an end to their pregnancies, but involves killing the undeveloped embryo or fetus. According to WHO (2006), abortion is the termination of a pregnancy before the fetus has attained viability, i.e. become capable of independent extra-uterine life. The traditional and stereotypical society structures reinforce women's lack of autonomy and decision making capacities thus putting their lives at risk on a daily basis through deprivation, physical and sexual violence, rape, unsafe abortions, and others. Unsafe abortions still contribute to 13-50 % of the maternal mortality in Asian countries.
Nepal made a historical achievement in reproductive health and rights for women in September 2002 when abortion was legalized. The main aim of legalization was to reduce abortion related maternal mortality and morbidity in the country. Before legalization when there was no abortion law, the punishment for abortion was equivalent to that for killing people. Women were imprisoned for 20 years in case of abortion or if they threw a live baby. If a woman threw the baby alive and someone found it and gave it back to her and if the baby died in a few days (2-3) then she was given less punishment. After Nepal legalized abortion and abortion is now permitted up to 12 weeks of gestation on the request of the pregnant woman. Regarding, abortion service only authorized medical personnel's (health service providers) approved by the government are supposed to provide abortion services. Similarly law legalizes abortion up to 18 weeks in case of rape or incest with the woman's own consent, and a woman can abort at any gestation if the pregnancy is harmful to her, if the fetus is suffering from severely debilitating fetal deformity or disease, but this has to be certified by an expert and listed physician. The punishment is specific to each country. Similarly law legalizes abortion up to 18 weeks in case of rape or incest with the woman's own consent, and a woman can abort at any gestation if the pregnancy is harmful to her, if the fetus is suffering from severely debilitating fetal deformity or disease, but this has to be certified by an expert and listed physician”.
But what we need to think is about the implementation part, the law that was legalized is able to meet its objective or not? Recent surveys conducted by different NGOs and INGOs in collaboration with the existing GOs, suggest that the abortion can be practiced safely in the urban areas like Kathmandu. But the expenses incurred with abortion are so high that normal rural women cannot afford it. In May 2009, the Supreme Court of Nepal ordered the concerned parties to ease access to abortion for the poor women. Though the problem of implementing abortion laws would seem to affect only married women, this is not the case. A lot of young girls face problems of unwanted pregnancies be it due to rape, failure of contraceptives or just a plain lapse of information and formal sex education The incidents of unwanted pregnancies among teenage girls are also increasing and finally the cases of abortions, whether legal or illegal, are also on rise.
So I think legalizing is good initiative of government but it should not be limited within the law. Unless the advocacy and awareness campaign reaches women, they are not likely to benefit from the legal reform and services. Family planning services should be made available, accessible and affordable to all women, men and adolescents of reproductive age
References
ASAP. Country Profile: Nepal
Centre for reproductive Rights. Public Interest Litigation to secure abortion access in Nepal
www.path.org. Behavior Change Communication: Increasing Access to Safe Abortion in Nepal
IPAS. Medical Abortion Increasing Safe Abortion Access in Nepal. June 9, 2008
WHO, Abortion. A Tabulation of Available Data on the Frequencyand Mortality of Unsafe Abortion .Geneva, 1993.
I agree with your points. I argue that the law should be further liberal for abortion and changing the mindset of society. The females in rural areas depend on untrained health workers for abortion where high risk of health damage. So, safe abortion facility should be available in each health centre in Nepal.
ReplyDeleteIts very difficult to disagree with Butterfly since Butterfly has strongly build argument regarding the issue. so here I agreed to disagree with some points:It is great that Nepal has legalized abortion and made remarkable initiatives to implement it. yet you seem to advocating for 'abortion' as right but beyond the legal control. If we are claiming something as a right it is impossible to transgress the boundaries of it's source. Moreover, abortion is not that we go on to exercise it everyday! There are various implications as you(in the post) and Arya has admitted. So I think it is very important to aware individuals from their school age about he issue through effective awareness courses, and campaign rather than go on to expand legal horizons.
ReplyDeleteAlthough the exact proportion is not known, unsafe abortions are believed to contribute significantly to Nepal’s high maternal mortality ratio.The legal status of abortion can ensure access to safe abortion, which will be helpful in reducing maternal mortality ratio.
ReplyDeleteWomen normally obtain abortion also in countries where abortion is not legalized. Women who are more affluent obtain relatively safe measures whereas the poor women suffer the severe consequences.