KATHMANDU: The government has proposed extending paid maternity leave from 98 days to six months as part of a draft amendment to the Safe Motherhood and Reproductive Health Rights Act, 2018, and has invited public feedback on the proposed changes.
The Ministry of Health and Food Safety published a public notice under the Legislation Act, 2024, calling on stakeholders, experts, and members of the public to submit comments on the draft bill.
The proposed amendment’s key provision is the extension of maternity leave to six months. However, the draft retains the existing provision of 98 days of paid leave in certain special circumstances.
The bill also proposes a new legal provision declaring physical or psychological violence against pregnant women and new mothers illegal, making such acts subject to legal action.
It further requires health institutions to provide essential maternal and reproductive health services—including safe motherhood care, emergency obstetric services, newborn care, family planning, and safe abortion services—even during natural disasters, emergencies, or other crises. Institutions refusing to provide such services could face legal action, while the use of telemedicine and self-care technologies would be permitted to improve access.
The draft also seeks to strengthen abortion-related legal provisions. Anyone found to have coerced a woman into having an abortion through threats, pressure, or inducement would be considered to have forced the abortion and could face one to five years’ imprisonment, a fine ranging from Rs 10,000 to Rs 50,000, or both, depending on the stage of pregnancy.
In cases where an attempted act intended to kill a pregnant woman results in the termination of the pregnancy, the draft proposes penalties of up to 15 years in prison, a fine of up to Rs 100,000, or both.
The proposed amendment also increases accountability for health institutions and medical professionals. Hospitals and healthcare workers who fail to refer patients to appropriate facilities despite knowing that necessary treatment cannot be provided at their own institution could be held legally liable.
In addition, the draft mandates the presence of trained birth attendants to ensure respectful maternity care and requires all health institutions and healthcare providers offering safe abortion services to be officially registered.
The ministry has requested feedback on key proposals—including the six-month maternity leave, maternity care during emergencies, measures to prevent violence against pregnant women, and penalties for failing to refer patients—by July 28 through email.
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