'Abortion provision lacks clarity'
#Sexploration Episode 7 Reproductive Health, Education and R...
KATHMANDU, July 4: It is possible that Nepali women will not be able to enjoy their reproductive health rights fully in coming days. Provisions in the recently-tabled draft of the new constitution have curtailed the reproductive health rights of women that were already enshrined in the Interim Constitution.
If the Constituent Assembly (CA) passes the draft as it is, Nepali women will lose the freedom to abort or not abort a pregnancy. The draft provision regarding abortion is not clear.
Constitutional expert Bhimarjun Archarya stated that the question of right to abortion is not clear in the draft constitution.
"The new provision doesn't clarify the concept of reproductive health rights of women, including abortion," he said. "It even attempts to degrade the rights already given to women by the interim constitution," adds Acharya.
Senior advocate and human rights activist Sapana Pradhan Malla said that reproductive health rights and women's right to their own bodies come under women's fundamental rights.
She stated that lawmakers can't curtail rights already provided by the interim constitution.
The interim constitution of Nepal says, "Every woman shall have the right to reproductive health and reproduction."
Reproductive health rights have been linked to issues such as women's right to marry or not marry, choice of sexual partner, satisfisfactory and safe sex life, access to contraceptives, family planning, safe motherhood and appropriate health facilities during and after pregnancy, among other things. Such rights have also been interpreted to allow women to decide about unwanted pregnancies, the number of children they want to have and the gap between children. Nepal legalized abortion in 2002 allowing women to abort pregnancies of up to 12 weeks.
"Nepal has already legalized abortion through the 11th amendment to the Muluki Ain but the new provision in the draft constitution raises serious questions about women's right to abortion," said Pradhan Malla.
Nepal has endorsed numerous national and international conventions related to Sexual and Reproductive Health Rights (SRHR) including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
The Ministry of Women, Children and Social Welfare (MoWCSW) recently participated in the review session of 20th year of the 'Beijing Declaration and Platform for Action' issued by the Fourth World Conference in Beijing, 1995. The Platform for Action has affirmed the rights of women in the area of reproductive and sexual health
Joint Secretary at the MoWCSW Radhika Aryal opined that national laws should recognize the international conventions signed by the governments, to meet set targets in any given area.
"We can't achieve our goals unless the national laws represent and recognize the international conventions that we have signed," said Aryal, adding, "However, the separation of powers has made it difficult to interfere with the decisions taken by the government."
Member of the Constitution Drafting Committee (CDC) Rewati Raman Bhandari said the committee changed some of the provisions related to women as the provisions in the interim constitution were not practical.
"We didn't seek to curtail women's rights but realized that the earlier provisions in the interim constitution were impractical and could have a negative impact in our society," said Bhandari. He added that amendments could later be effected in the provisions if required.
