Abortion-Its Legality and Illegality as well as Accessibility or Misused
Submitted ByProf.Madhav Prasad Acharya &
Anju MandalProf.Ganesh Bhattrai
L.L.B 2nd YearKathmandu School Of law
TABLE OF CONTENTS
2.1 Introduction of Abortion
2.2Condition when It is Legal
2.3 Condition when it is Illegal
2.4 The accessibility of Abortion Facility in The country
2.5 About The misusing of The abortion services
2.6 Relating Abortion cases
Nepal is one of the few countries in the world where abortion is illegal.Unsafe illegal abortion is the major cause of Maternal death in Nepal.The medical complication of improperly performed illegal abortion are now reaching epidemis proportions in many parts of the world ,and representing a leading cause of the death of women among childbearing age. In Nepal about 4000 women die each year from illegal abortions.Abortion is not only illegal in our country- it also comes under the definition of” Homicide” so that women go to jail in case abortion is proved.The first government abortion services officially began in March 2004 at the Maternity Hospital in Kathmandu.
Nepal Government began providing comprehensive abortion care(CAC)services from March 2004 after 18 months of Legalization of abortion,when the government issued safe abortionService procedure in 2004.By febraury 2008,the government had licensed 188 centres to provide CAC services.As of july 2009,a total of 98 government hospitals and 108 non-government health institution and private facilities have been accredited for providing CAC services.These centres have offered safe abortions services to more than 229,000women.
To study about the Abortion,its Legality,Illlegality as well as Accebility and Misuse of this facility.
To fulfil Second Term paper examination
This term paper will only Deal the introduction,legal as well as illegal grounds and Accessibility and misuse of Abrtion.
This term paper is based on the
Primary:FPAN(Family planning Association of Nepal)
Secondary:Researcher has researched in KSL library and Surfed Websites.
2.1Introduction of Abortion
An Abortion is the termination of a pregnancy by the removal or expulsion from the uterus of a Foetus/embryo,esulting in or caused by its death.An abortion can occur spontaneously due to complications during pregnancy or can be induced ,in humans and other species.An abortion is a procedure to end a pregnancy.It uses medicine or surgery to remove the embryo or foetus and placenta from the uterus.The procedure is done by a licensed physician or somebody acting under the supervision of a licensed Physician .In simple meaning abortion can be defined as “The deliberate ending of a pregnancy “which can be either spontaneous abortion(Miscarriage) or induced abortion. Accoring to WHO(2006),abortion is the Termination of a pregnancy before the foetus has attained the viability i.e become capable of independent extra-uterine life. Abortion may be defined as an act,which causes the body in the womb to die or prevent it to have natural birth.
Muluki-Ain 11th amendment has provided the provisions as to abortion department from traditional and rigorous rule prevailing up to now.It has given wide discretionary power to the women and to te doctors and as well as in the matters of Abortion.
2.2 Abortion when it is Legalized
Abortion is legalized on certain grounds.According to the...