Judges Emphasize Distinction Between Genuine Medical Treatment and Criminal Acts

May 16, Kathmandu – Judges have stated that medical treatment carried out with the genuine intention of saving a patient’s life should not be construed as a criminal act. They stressed the importance of clearly distinguishing between legitimate medical intervention and criminality. On Sunday, Health Live Media organized an interactive program in Biratnagar on the topic “Legal Implementation and Current Status of Safe Abortion Services.”
During the event, Justice Kailash Gurung of the High Court in Biratnagar highlighted that reducing maternal mortality rates requires the responsibility of all three levels of government. Emphasizing the crucial role of local authorities, he noted that medical professionals acting in good faith should not face legal obstacles. “Legal procedures must be conducted based on accurate data and field realities,” Gurung stated.
Justice Durgaprasad Bhusal of the Morang District Court emphasized that the evaluation of medical treatment should consider the intention of the healthcare provider. Keshu Kafle from the Koshi Province Health Ministry shared that 53 percent of pregnancies in Nepal are unintended. Of these unwanted pregnancies, 73 percent result in abortion, but only 48 percent are performed in registered healthcare facilities, while the remaining 52 percent occur illegally and unsafely.
Currently, Koshi Province operates 281 registered safe abortion service centers. Senior obstetrician and gynecologist Dr. Bal Krishna Sah advocated for removing abortion from the criminal law and placing it under the health act. He shared experiences where healthcare workers have faced legal challenges despite efforts to save lives, which can adversely impact their morale.
Senior advocate Bharat Thapa pointed out the confusion faced by police and prosecutors arising from inconsistencies between Section 188 of the Muluki Criminal Code and the Safe Motherhood and Reproductive Health Rights Act. He highlighted contradictions between special rights-focused laws and general penal codes, which create difficulties for service providers.
Other participants, including Morang Chief District Officer Yubaraj Kattel, Provincial Health Secretary Dr. Yaduchandra Ghimire, Advocate Basant Kafle, Deputy Advocate Ravin Sapkota, Assistant Advocate Seema Yadav, and Morang Police Chief Kavita Kutuwal, shared views on strengthening safe abortion services from legal and practical perspectives. They noted that while lack of coordination between courts and police sometimes prevents cases from proceeding, instances of legal action still occur.