The Act is vague in that it does not explain the standards prescribed for non-governmental and private health institutions that can provide obstetric care

Mere passage of a law holds little meaning if the regulations, that is, the guidelines for executing the provisions in the law, are not formulated. This has been the case with the Safe Motherhood and Reproductive Health Right Act, whose provisions are facing difficulty in their implementation even a year after its endorsement by the Parliament for want of related regulations. In the absence of the regulations, many women are unable to enjoy their rights and seek compensation when their reproductive health rights are violated. Due to the delay in formulating the regulations, health institutions have no option but to keep working as per the old act. The law, among others, has given women the right to decide on when and how many children to have, and also the requirement of her consent on a prescribed format of a health institution should she want a safe abortion.

The Act has made abortion legal in Nepal with provision for free services in the public health facilities. As per the law, abortion is legal till 12 weeks of pregnancy and 28 weeks in the case of rape or incest or if it poses a danger to the woman’s health. But still only 42 per cent of women are said to visit government-authorised hospitals for safe abortion while the remaining choose unsafe abortion due to lack of awareness about its legality. The Act is largely vague in that it talks of standards prescribed by the government for non-governmental and private health institutions that can provide obstetric care. It also states that a licensed health worker who has met the prescribed standards and has the required qualifications can provide safe abortion services. But in the absence of any explanations as to what these standards entail, there is confusion in implementing the Act.

Women could accrue a host of benefits should the related regulations be formulated at the earliest. They range from free health care to those who cannot pay for the services to maternity allowances to maternity leave. The reproductive health rights of women cannot be taken lightly as they contribute immensely to the overall well-being of a woman. In keeping with the changing times, with more and more women joining the workforce, whether as blue or white collar job holders, it will be necessary to have a work place that is not only women-friendly but also reproductive health-friendly. Provisions such as a breast-feeding room and flexible working houses for new mothers will be necessary. In the schools, especially in the rural areas, lack of a girl-friendly toilet with water for cleaning, or the absence of a toilet altogether, is keeping girls from attending school during their period. Hence, our understanding of reproductive health should not be limited to providing obstetric care to a woman. Implementing the right to reproductive health for all women is a challenge given Nepal’s scarce resources, lack of health facilities and geographical remoteness. But if the governmental, non-governmental and private institutions were to work together to implement the provisions of the Act sincerely, there is no reason why the country should falter in its endeavour.

Resolve the problem

Inordinate delay in fixing the price of land and providing compensation to the families affected by the proposed Budhi Gandaki Hydroelectric Project has left them in distress at Arughat and Khahare bazaars in Tripurasundari Rural Municipality of Dhading. Around 11,000 households in the bazaars have not been compensated though the government has provided compensation for land to the families in other villages of Gorkha and Dhading districts. The government has a plan of generating 1,200 megawatts of electricity by building a reservoir stretching over 45 kilometres upstream from the dam site. Locals said they can neither sell their land nor mortgage their property to start a business. These two bazaars will be submerged once the reservoir is built.

The government has not been able to resolve the problem after the project officials and the locals failed to reach an agreement over the amount of compensation for a ropani of land. The locals are demanding that they should be paid Rs 2,500,000 per ropani of land whereas the project is insisting on providing Rs 800,000 per ropani in the main bazaar areas. This problem should be resolved amicably so that the project could be started at the earliest.