CEDAW Shadow Report 2011
Nepal is the first South Asian country to legalize abortion in this way (Binda Pandey,
Workers News 32, 2002). However, according to the NDHS 2006, 33% cases relating to
abortion complications admitted in hospitals consist of unwanted pregnancies.
The trend of back street unsafe
abortion still persists in most of
the areas of Nepal because people
On May 20, 2009, the supreme court ordered the
Government of Nepal to formulate law on comprehensive
do not know exactly what safe
abortion ensuring women to access safe and affordable
abortion means. According to the
abortion services .The court ruling was on the Lakshmi
study conducted in Makawanpur
Dhikta v. Government of Nepal, filed as a public interest
district, women hesitate to go to
case in support of Dhikta’s case on February 22, 2007 by
the Center for reproductive rights, New York along with
the government hospital for
the Center’s Nepalese Partners - the Forum for Women,
abortion because of the fear that
Law, and Development, the Women Victims Legal Aid
they would be recognized by other
Clinic at Kathmandu School of Law, the forum for
members of society so they want
protection of Public Interest (Pro-Public) and individual
attorneys. The court asked the government to set up a fund
to make abortion private. On the
to cover the cost of abortion for poor and rural women
other hand, women in Morang
and invest enough resources to meet the demands for
district preferred to go to
abortion services and to educate the public and health
government hospital for abortion
services providers on the existing abortion law. Dhikta, a
mother of five children belonging to an extremely poor
instead of the clinics like Marie
family in the rural western Nepal, could not afford to pay
Stopes so that they would not be
the fee charged for abortion at a public hospital. The
caught in the places where women
doctors asked her for 1130 Nepalese Rupees
generally visit for family planning
(approximately $ 15) which she did not have. As a result
she was forced to carry the pregnancy to term and became
and abortion related matters.
a mother for the sixth time (Source: http//reproductive
These cases are important to
rights.org).
understand that women in the so
called urban and sub urban areas are still unaware of their health rights. They are still living
a life in fear of social stigma regarding their right towards their own body.
A Supreme Court Case
Lakshmi Dhikta v. Government of Nepal
This also acts as an important indicator of the women’s life in the remote areas of Nepal
where they have no easy access to the health care facilities and therefore
they are still adopting the traditional ways of unsafe abortion form unskilled personnel
putting their life at risk of death.It is regrettable that there is no data in
the government report concerning safe abortion procedures adopted. Abortion as such is not
a method of family planning; it could be the result of the inaccessibility of the measures or
contraceptives for family planning. Abortion becomes important only in the cases like
unwanted conception from pre-marital pregnancy, teenage pregnancy, rape, incest or any
other of such kind.
According to Safe Motherhood Federation of Nepal (2008), the place of the highest number
of death is home (67.4%), while 14.4% at the hospital, 11.4% died on the way to a health
institution, 4.5% at private clinics and 2.3% at PHCs. This shows not only the lack of access
of health services but also lack of appropriate technology and resources at the public
7 Beyond Beijing Committee, Kathmandu, Nepal