As Nepal Legalizes Abortion, Women Remain In Prison.

KATHMANDU
Last week, as part of historic and sweeping legislation to end formal discrimination against women, the Nepali Parliament reversed a longstanding and draconian criminal ban on abortion. The new legislation, which is expected to be approved by King Gyanendra and signed into law, permits abortion on broad grounds. Passage of the law, however, does not address the fate of women currently serving prison sentences for allegedly having had abortions while the ban was in place.

Today, the Center for Reproductive Rights and the Forum for Women, Law and Development (FWLD) released Abortion in Nepal: Women Imprisoned, a report that documents the human rights abuses arising from Nepal’s abortion ban. Under the ban, women accused of abortion face criminal prosecution and in many cases, are charged with the crime of infanticide, which carries a life sentence in prison.

"Women in prison are continuing to suffer the effects of the ban on abortion," said Laura Katzive, legal adviser for global projects for the Center for Reproductive Rights. "When faced with accusations of abortion, most have had little or no assistance within the criminal justice system. The abortion ban has compounded broader social and economic injustices, with catastrophic effects on women’s lives."

Based on interviews with women in prison on abortion-related charges, government officials, health care providers and others, the report documents the violation of internationally and nationally recognized human rights and advocates for the release of women imprisoned under the abortion ban. Abortion in Nepal: Women Imprisoned was written by the Center for Reproductive Rights' legal advisers Melissa Upreti and Laura Katzive in collaboration with advocate Sapana Pradhan-Malla, president of FWLD in Nepal.

Among the stories related in the report is that of 18-year-old Sarita, who is serving a life sentence. When she miscarried in her eighth month of pregnancy, acquaintances reported her to the police, alleging that she had induced an abortion. Sarita denied the charge, but was kept in custody for seventeen days before appearing before a judge. She was not given a medical examination, and during court proceedings she had no opportunity to defend herself.

"I have no money, so I was and still am unable to obtain legal representation," said Sarita. "I have no idea where my husband is. I don’t even know if my parents know I am in prison. They’d probably come to see me if they knew."

On March 14, the lower house of Parliament voted to legalize abortion on broad grounds. The new legislation permits abortion upon request during the first 12 weeks of pregnancy, in cases of rape and incest during the first 18 weeks, and at any time when a woman’s life or health is in danger and in cases of fetal impairment.

"As a first step in remedying the on-going human rights violations arising from the abortion ban, the government should act immediately to release women imprisoned on abortion-related charges," said Pradhan-Malla.