The law regarding abortion is clear but it fails to decriminalise those already incarcerated. Now, the government is finally moving towards the release of women imprisoned on the charges of abortion, which was conditionally legalised in March last year along with amendments to the Civil Code.

The new law made it legal to terminate an unwanted pregnancy of up to 12 weeks. The stipulation for pregnancies resulting from rape or incest was set at 18 weeks and no limit is attached if the woman's life, metal or physical heath is in danger. The abortion of a deformed foetus was also made legal.

On 16 January, the Prime Minister's office issued a directive to the Home Ministry urging it to release women imprisoned on the charges of abortion. Official sources say there are about 7,000 prisoners in Nepal's jails, 17 percent of who are women. A 1997 study conducted by the Forum for Women, Development and Law (FWLD) showed one in five women in Nepali jails was imprisoned on charges of abortion. At present, the 73 jails across the country are preparing a list for the Department of Jail Administration (DJA) in Kathmandu. "We expect to receive all information by the end of May," says DJA Director General Yubraj Pandey. The DJA, however, has not decided on the modality it will adopt for their release once the statistics come in.