Nirmala Thapa,a Nepali woman jailed in Malaysia for abortion,has been acquitted of the charge

Nirmala Thapa,a Nepali woman jailed in Malaysia for abortion,has been acquitted of the charge
Nirmala Thapa, a 25 years old Nepali woman jailed in Malaysia for abortion, has been freed nearly one year after being arrested and charged with ‘preventing a child from being born alive’.

The Malaysian Sessions Court Judge M Vijayalakshmi acquitted Nirmala of the charge on Monday, saying the prosecution had failed to produce sufficient evidence against her.

Nirmala could not contain her emotions and burst into tears inside the court room after the verdict, according to the Malayasian media. Weeping tears of relief, she hugged her lawyer and rights activists who supported her and were present in the court room.

In Malaysia where abortion is largely illegal, Nirmala has become the first woman to be acquitted of an abortion charge. Women rights groups have hailed the verdict on Nirmala’s case as a milestone towards achieving greater women rights, and have called for legal reforms to save more women from similar situations in the future.

Gender Equality Group (JAG), an umbrella body of women rights groups in Malaysia, issued a statement, urging the Malaysian government to ensure that ‘no other woman will be hauled to court in the future over their decision to undergo an abortion’.

Nirmala, who migrated to Malaysia for works, was arrested by the Malaysian authorities from a clinic where she had undergone an abortion in October last year. One month later, she was found guilty of terminating pregnancy and was sentenced to one year in jail.

According to the Malaysian Penal Code, women convicted of terminating pregnancy may face up to 10 years in jail or fine or both.

In Malaysia, abortion can be permitted only if a registered medical practitioner concludes that continuity of pregnancy would result in risk to the mother’s life or physical and mental health.

Nirmala’s lawyer pleaded in the court that her life would have been at risk if she had not terminated her pregnancy. The huge relief came for Nirmala in July this year when the doctor who conducted abortion on her told the Malaysian court that ‘she did not know her mental and physical health conditions and it was up to him to assess and perform the required treatment’.

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