Skip to contentSkip to left sidebar Skip to footer

Chapter-3 Safe Motherhood and Newborn Baby

  1. Right to get obstetric service: (1) Every woman shall have the right to get her examined or checked whether she is pregnant or not, upon going to a health institution.

(2) The health institution concerned shall have to provide the pregnant woman, coming to get service pursuant to sub-section (1), with the services as follows:

(a)        To check health at least four times during the pregnancy in normal condition,

(b)       To check health as per the advice of a physician or competent health worker during the prescribed condition except that referred to in clause (a),

(c)       To receive appropriate counseling relating to health care,

(d)       To obtain safety measures and minimum care to be adopted during pregnancy.

  1. To provide obstetric care: (1) A governmental and community health institution providing obstetric care shall have to arrange competent health worker to provide obstetric care, or midwife or other trained health worker if such a competent health worker is not available.

(2) The non-governmental and private health institution fulfilling the standard prescribed by the Government of Nepal shall have to provide obstetric care in a respectful manner.

  1. Emergency obstetric and newborn care: (1) The governmental and community health institutions providing obstetric care shall have to provide obstetric care in a respectful manner.

(2) The non-governmental and private health institutions fulfilling the standard prescribed by the Government of Nepal shall have to provide emergency obstetric and newborn care.

(3) In case the health institutions referred to in sub-sections (1) and (2) are not able to manage the complications that arise while providing service by them, they shall have to refer to a governmental or community health institution to the extent possible and to a non-governmental and private institution if not possible.

(4) It shall be the duty of the health institution concerned to manage the health complications of the conditions related to the pregnant, childbirth or newborn who comes upon being referred pursuant to sub-section (3).

(5) The health institution providing emergency obstetric and newborn care shall have to make provision of resting place as prescribed for the pregnant women of the condition as prescribed.

  1. Health care of newborn baby: The health institutions providing obstetric care shall have to make provisions relating to health care of the newborn baby as per the standard prescribed.
  2. To maintain record of the births of infants: (1) Each health institution shall have to maintain record of the infants born in that health institution.

(2) On the basis of the record referred to in sub-section (1), the health institution shall have to provide the father or mother with the certificate of the infant born in its health institution by stating the name of father or mother of the infant.

(3) Each health institution shall have to maintain a record revealing the number of the dead infants and the women who have undergone miscarriage or abortion.

(4) Each health institution shall have to maintain a record of dead women, if any, who come for the obstetric care.

  1. Right to obtain family planning service: (1) Every person shall have the right to information, make choice relating to family planning, and get other services relating to family planning.

(2) The service relating to family planning as prescribed shall have to be obtained from the health institution as prescribed.

(3) Other matters relating to family planning shall be as prescribed.

  1. Not to get family planning performed forcefully: It is forbidden to get family planning of any one performed forcefully by coercing, or threatening or enticing or tempting or without obtaining written consent of such person.
  2. Not to get contraceptives used forcefully: It is forbidden to get the contraceptives used by coercing any one, or threatening or enticing or tempting or without obtaining consent of such person.
  3. Right to obstetric leave: (1) Any woman working in a governmental, non-governmental or private organization or institution shall have the right to get obstetric leave with pay, for a minimum of ninety-eight days before or after the delivery.

(2) In case the obstetric leave referred to in sub-section (1) is not sufficient to any pregnant woman, such a woman shall have the right to get leave without pay, for a maximum of one year upon the recommendation of the expert doctor.

(3) A governmental, non-governmental or private organization or institution shall have to make necessary arrangement for the woman working in its office for breast feeding during the office hours up to two years from the birth of the infant.

(4) Even if any pregnant woman gives birth to a dead infant or if the infant dies after birth, such a woman shall enjoy the leave referred to in sub-section (1).

(5) If the wife of a male employee working in a governmental, non-governmental or private organization or institution is going to deliver a baby, such an employee shall get the obstetric care leave with remuneration for fifteen days before or after delivering the baby.

  1. To provide additional leave: If complicated surgery is to be conducted as per the opinion of the specialist doctor due to morbidity, the governmental, non-governmental or private organization or institution shall have to provide the woman working in its office with an additional leave with pay for a maximum of thirty days before or after conducting such surgery.