The Ministry of Health and Food Hygiene has published the draft Safe Motherhood and Reproductive Health Rights (First Amendment) Act, 2083 for public feedback following a ministerial-level decision on Shrawan 6, 2083. Citizens and stakeholders may submit recommendations to law.section@mohp.gov.np within seven days, by Shrawan 12, 2083. The draft also revises definitions relating to abortion services and requires institutions providing maternity care to have skilled health workers or trained birth attendants and to deliver respectful maternity services in accordance with government standards.
A major proposal would prohibit anyone from causing physical or mental suffering or committing violence against women from pregnancy through the postpartum period. The bill also proposes replacing the existing minimum 98-day maternity-leave provision with six months in one subsection, while another provision would specify up to 98 days of paid maternity leave. In addition, two provisions governing legally permitted abortion would replace the existing 28-week limit with “pregnancy of any duration” for the circumstances covered by those clauses. Health institutions and professionals providing safe abortion services would have to be formally licensed and listed under the law.
The amendment would substantially strengthen provisions against forced abortion. Coercing, threatening, deceiving or inducing a pregnant woman into an abortion would be treated as forced abortion, while certain acts causing miscarriage even without an explicit abortion intention could also fall within the offence. Depending on gestational age and the nature of the violation, proposed penalties range from up to one year to five years in prison, while causing the loss of a pregnancy of 25 weeks or more during an attempted killing of a pregnant woman could carry up to 15 years’ imprisonment or a fine of up to Rs 100,000.
The draft also introduces a new requirement for health facilities to prioritize safe motherhood, emergency obstetric care, essential newborn services, family planning and safe abortion services during disasters. Telemedicine, self-care and other approved scientific technologies may be used to maintain such services. The bill further proposes penalties for facilities that fail to provide these priority services during disasters and for facilities that knowingly fail to refer patients when treatment is unavailable at their own institution.
