Health experts as well as gynecologists have expressed serious reservations over the new abortion law which extends abortion period for special cases to 28 weeks.

In a meeting called by Health Secretary Dr Pushpa Chaudhary at the Ministry of Health and Population on Tuesday, they said that the law was wrong and should be amended.

They insisted that the government amend the law to limit the legal pregnancy termination period to 22 weeks.

“The health secretary tried to convince us that there is nothing wrong with increasing the abortion period to 28 weeks by giving us the instances of Canada, China and South Korea, where there is no time limit for abortion on special cases,” Dr Punay Poudel, chief of Safe Motherhood Unit at the Family Welfare Division of the Department of Health Services, told the Post. “She also claimed that only 0.03 percent cases need termination in 28 weeks and the law need not be corrected.”

Section 4 (15) of the Safe Motherhood and Reproductive Health Rights Act, passed by Parliament in September last year, allows abortions as late as 28 weeks in cases of rape, incest, serious health risks to the mother or if the foetus is found to have genetic defects.

Doctors, however, say that the provision to allow abortion up to 28 weeks of pregnancy means termination of foetus almost a month after it is considered viable.

“We cannot commit such a crime even if the Health Ministry makes it legal,” Dr Jageshwor Gautam, director at the Paropakar Maternity Hospital, told the Post.

“I won’t do it myself, nor will I allow others to do it in my hospital,” Dr Gautam summed up his opinion about the new abortion law.

He further claimed that Secretary Chaudhary, who herself is a gynecologist, cannot conduct abortion in 28 weeks

Dr Shanti Shrestha, another gynecologist, said that the meeting could not reach any agreement and that they have agreed to meet again next week for three days starting Sunday for through discussion.

“We insisted that even if the provision is made to allow abortion up to 28 weeks, doctors would not do so,” said Dr Shrestha.

Mahendra Shrestha, spokesperson at the Health Ministry, said Health Secretary Chaudhary defended the provision in the meeting, even though the ministry had earlier issued a statement mentioning that third-trimester abortion was wrong.

“Our secretary gave examples of countries like Canada and others and defended the provision,” he said, “We have not yet made any decision whether or not to correct the provision.”

Abortion was legalised in Nepal in 2002, a milestone for women’s reproductive rights, their empowerment, and their right to bodily autonomy. With legalisation, persecution and jail terms for women who terminated unwanted pregnancies ended and unsafe abortions decreased dramatically.

Consequently, between 1996 and 2016, the maternal mortality rate fell from 539 to 239, achieving the Millennium Development Goal—a feat for which the legalisation of abortions played a significant role, doctors say.

Representatives of organisations involved in health, humanitarian and human rights sectors including Ipas Nepal, Family Planning Association of Nepal, Marie Stopes International, Population Service International, Catholic Relief Services, Forum for Women Law and Development were also present in the meeting.

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