Archana Nepal
We have all heard at some point in our lives that abortion is a crime. But is it truly a crime, or is it a myth? Before reaching a conclusion, let me tell you a short story that I experienced a few months back — a story about my friend.
I was busy with my studies in the city of Kathmandu. I had no time for anything else, as my examination was approaching. Suddenly, my friend Rina (name changed) came to me, visibly distressed and in tears. She was devastated and afraid. I was trying to console her, but I knew I wasn’t good at it. I asked her what was wrong, but she only cried. After a few minutes, I asked again. She finally said, “I am pregnant.” I was shocked. I didn’t know what to say or what to do.
I called Saya (name changed), who came to my room within 25 minutes. I called her because she’s calm and more intelligent than both of us. When she arrived, she asked what had happened. I told her the only thing I knew — that Rina was pregnant. I was amazed by how calm Saya remained. She started gently consoling Rina, and soon, Rina began to open up to her.
Rina had been dating Kamal (name changed) for one and a half years. They were in a healthy relationship. We didn’t know much about them, but we knew they were happy together. They had gone on a trip two months ago. Everything started there. Kamal had asked for a physical relationship, and Rina couldn’t say no. It was mutual and consensual — their choice, though perhaps a mistake. In a country like Nepal, physical intimacy before marriage is often considered a sin. And being pregnant before marriage is seen as a disgrace. .
Saya asked if Kamal knew about the pregnancy. Rina said yes, but he didn’t want a child this early — both of them were still students and hadn’t started their careers. Saya asked if he was willing to marry her, and Rina said yes. After a moment, we asked Rina if she wanted to continue the pregnancy. She looked confused, but after some thought, she said she wasn’t ready to become a mother. She wanted to finish her studies, start working, and only then consider having a child — which we thought was a responsible decision.
Then we asked, “So, why are you crying?”
We suggested that she visit a hospital and consider terminating the pregnancy. Hearing this, she yelled, “No, I can’t! It’s a crime. If the police arrest me, my parents will never forgive me!” We explained to her that abortion is not a crime in Nepal if it’s done with the consent of the pregnant woman and within the legal provisions. It becomes a crime only under certain restricted circumstances.
This was a serious issue. We called Kamal and asked if he was willing to talk to his parents about marriage. For him, marriage wasn’t a problem — he was already 24 and in the fourth year of his bachelor’s degree. In a few months, he could start a decent job and begin settling down. His family was well-established.
We were thrilled when he said yes. The next challenge was informing Rina’s parents — which felt like solving a complex puzzle. However, we managed to convince them. Both families were unaware of Rina’s pregnancy. The couple got married in a small temple with only a few people in attendance. Two days after the wedding, they went to Ilam for their honeymoon. During that trip, they terminated the pregnancy under the pretense of being hospitalized for food poisoning. After recovery, they returned, and life gradually returned to normal. They were happy — and more cautious about their life decisions.
I know lying to their parents wasn’t ideal, and perhaps even rushing into marriage wasn’t the best option. But that wasn’t the main issue. The real issue is that many people continue to carry unwanted pregnancies, believing abortion is illegal in Nepal. But abortion is legal in Nepal under specific conditions. Below are the official abortion-related provisions with the consent of the pregnant woman:
Legal Provisions for Abortion in Nepal:
- Up to 12 weeks of gestation, abortion is legal with the consent of the pregnant woman in the presence of skilled health personnel.
- Up to 18 weeks of gestation (in case of rape or incest), abortion is legal with the consent of the pregnant woman in the presence of skilled health personnel.
- If the pregnancy endangers the life or physical/mental health of the pregnant woman, abortion is legal with her consent and under the care of trained medical personnel.
- If the fetus is severely deformed and incompatible with life, abortion is legal with the consent of the pregnant woman and performed by skilled professionals.
Additional Points to Consider:
- Abortions must be performed at certified health facilities for safety.
- Only the pregnant woman has the right to decide whether she wants to continue the pregnancy (unless she is a minor or mentally disabled).
- Guardian consent is required only if the pregnant woman is under 16 or mentally impaired.
- Abortion for gender selection is strictly prohibited.
- No one can force a woman to have an abortion.
If a woman is physically and mentally ready to raise a child, she can choose to give birth. But if not, she has the legal and moral right to wait until she is ready. Let’s stop spreading fear and myths. Let’s ensure women and men know their rights. Abortion is not a crime in Nepal — not when it’s about the woman’s choice, her health, and her future.