Voices from Nepal: Excerpts from Abortion in Nepal: Women Imprisoned

Nepal’s punitive approach to abortion has threatened women’s lives and health, reinforced entrenched gender discrimination, and interfered with women’s decision-making on a matter with immense personal implications. Those who have been arrested, prosecuted and imprisoned on abortion-related offenses have been subjected to violations of their basic rights as criminal defendants and prisoners. Abuses include systematic denials of the right to be free from arbitrary arrest and detention, the right to equality and non-discrimination, the right to due process, and the right to humane treatment in detention. The punitive abortion law has had its greatest effects on society’s most vulnerable members.

What follows are the stories of two women imprisoned under Nepal’s abortion ban.

An inmate at the Kathmandu Central Jail, Renu Shrestha* has served a year and four months of her two-year jail sentence, reduced from 20 years. She has been married twice, and has three children. Her youngest is staying in prison with her. Renu is thin and sickly with a skin rash on her face. As she told her story, she could barely speak and was crying frequently. She is an orphan and has no siblings.

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My husband did not allow me to use contraception (parivaar niyojan). Even the doctor I visited told me to come back after my son was one and a half years old because he was always falling sick. My last pregnancy was difficult. I had been feeling unwell and kept getting dizzy spells. At seven months, out of sheer frustration, I took a bunch of paracetamol (pain reliever) in the hope that it would provide me with some relief.

I was alone when I miscarried around six in the morning. Shortly after, the landlord and another tenant in the same building appeared. The landlord reported me to the police, telling them that I had committed a murder, that my miscarriage was intentional. The police arrived around 7:00 A.M. and took me away in their van. They assured me nothing was going to happen. Later, they made me sign a statement saying I had destroyed my fetus intentionally…. I told them about the medicine I took for dizziness.

I was kept in police custody at Mangal Bazaar for 14 days. Later, I was taken to a hospital for treatment…. I was forced to go by the police and I had to pay for it myself…. I was able to get a lawyer with the help of a women’s group. But my lawyer has not done much for me despite the fact that she charged me more than NPR 3,500 (USD 45). I was present during the trial and appeared in court eight times before the final decision was issued. I paid my lawyer NPR 1,000 (USD 13) on the date of the decision but I had not yet received a copy of it. The lawyer keeps assuring me that I will be released soon. In fact, she has promised to get me released in eight months, but only if I pay an additional NPR 3,000 (USD 39) for the appeal.

The judge sentenced me to 20 years in prison (life sentence) and then reduced it to two years. The main reason for reducing the sentence was “lok laaj,” my understanding that I committed the crime.

I barely have access to health care in prison. I have to raise money from other inmates for treatment and it is very difficult to obtain permission for treatment in an outside facility. I receive NPR 15 (USD .19) for lentils, which must also cover the spices and kerosene oil to cook my food and soap for washing. I receive seven kilograms of rice a month, and a sari and a shawl once a year. I have to support my young son with what little I get. I receive two small buckets of drinking water and six small buckets of water to wash clothes and bathe every week. I live in a dark room, and have my own mattress and have to provide my own linen.

My ten-year-old son works as a domestic servant for a family in Kathmandu. My seven-year-old daughter lives with my married stepdaughter, who I believe treats her no better than a domestic servant. My stepdaughter has never brought my daughter to visit me in prison. My five-year-old son is with me in jail. I am very worried about my children. After I am released I will go back to my husband.

Eighteen-year old Sarita* is serving a life sentence at the Dilli Bazaar Khor prison.

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I was 17 when I left my village and eloped with the man I later married. My husband wanted me to go to India with him but I wanted to go back to my village. I did not use any method of family planning because I did not know about it and none of my friends were married at the time. I became pregnant and had a miscarriage during the eighth month. It began with stomach pain. When I asked my husband and friends to take me to a doctor, they refused to help. They were all angry with me for refusing to go to India. In fact, my two “friends” reported me to the police and alleged that I killed the fetus.

The police arrested me and took me to the police station. They asked me if I killed the fetus and I denied it. I was not examined by a doctor. They kept me in custody for 17 days. My friends who reported me submitted statements alleging my guilt but they did not appear in court.

In court, no one asked me any questions or let me tell my side of the story. I have been sentenced to life in prison…. I was not present at the time of sentencing. I was taken to court twice but on both occasions, got there after the proceedings were over…. In court, no one asked me any questions or let me tell my side of the story.

No one ever comes to visit me. I have no idea where my husband is. I don’t even know if my parents know I am in prison. They’d probably come to see me if they knew.

To protect the privacy of the women involved, their real names have not been used.

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For more information, see Abortion in Nepal: Women Imprisoned , ,