Acid Attack Cases And Legal Remedies Under Afghan Law
⚖️ Acid Attack Cases and Legal Remedies Under Afghan Law
🔍 Background
Acid attacks are a heinous form of gender-based violence, often targeting women and girls. In Afghanistan, these attacks are usually carried out to punish women for perceived violations of conservative norms, such as attending school, refusing marriage, or asserting personal independence.
Historically, acid attacks went underreported, and perpetrators often went unpunished due to:
Weak law enforcement
Cultural stigma
Lack of specific laws
However, over time, due to public pressure, media attention, and international advocacy, Afghan law evolved to better address these crimes.
⚖️ Legal Remedies Under Afghan Law
1. Afghan Penal Code (2017)
The new Penal Code, replacing older laws, criminalizes acid attacks explicitly for the first time.
Article 636 of the Penal Code:
Criminalizes the act of throwing acid or other chemical substances that cause bodily harm.
Provides for severe punishments, up to life imprisonment, depending on the extent of injury or death caused.
Punishment is based on the degree of harm:
Permanent disfigurement: 10–20 years
Death of the victim: Life imprisonment
Lesser injuries: 3–10 years
2. Elimination of Violence Against Women (EVAW) Law (2009)
Although not consistently enforced, Article 20 of the EVAW Law also addresses physical violence, including acid attacks, as criminal acts.
📚 Detailed Case Examples
✅ Case 1: Kandahar Schoolgirls’ Acid Attack (2008)
Incident: Armed men on motorcycles threw acid on schoolgirls in Kandahar for attending school.
Victims: Over 15 girls injured, some permanently blinded or disfigured.
Response: This was one of the first cases to draw national and international attention.
Legal Action:
Three suspects were arrested.
Then-President Hamid Karzai ordered public execution (later reversed).
The court sentenced two men to 16 years in prison under general provisions of the then Penal Code.
Impact:
Pressured lawmakers to create specific punishments for acid crimes.
Led to the drafting of the EVAW Law.
✅ Case 2: Herat Domestic Acid Attack Case (2013)
Incident: A husband threw acid on his wife during a domestic dispute.
Injury: The woman suffered permanent facial disfigurement and vision loss.
Court Decision:
The husband was sentenced to 18 years in prison under Article 436 (old Penal Code).
He was also ordered to pay compensation for medical expenses.
Significance:
First case where domestic acid attack resulted in such a heavy sentence.
Court applied intent to cause permanent harm standard.
✅ Case 3: Kabul Beauty Salon Owner Attack (2015)
Background: A woman running a beauty salon was attacked with acid by male relatives opposed to her work.
Legal Proceedings:
Investigations took time due to lack of cooperation.
Eventually, two men were arrested and charged under the EVAW Law and Penal Code.
Outcome:
Both convicted and sentenced to 15 years.
Victim was awarded civil damages in court — a rare occurrence in such cases.
Importance:
Set a precedent for economic violence being prosecuted under acid attack laws.
Encouraged more women to come forward.
✅ Case 4: Mazar-e-Sharif Jealousy Attack Case (2017)
Incident: A young woman was attacked with acid by a rejected suitor.
Injuries: Severe burns on the face and chest.
Court Judgment:
The attacker was convicted under Article 636 of the 2017 Penal Code.
Received 20 years’ imprisonment, with the court noting premeditation and gender-based motivation.
Significance:
Demonstrated successful use of new Penal Code for acid attacks.
Showed increasing willingness by courts to recognize gender dynamics.
✅ Case 5: Bamiyan Political Acid Attack (2019)
Incident: Female civil society activist targeted by acid thrown into her car window.
Motive: Suspected political intimidation.
Investigation:
Initially stalled due to lack of witness cooperation.
Later revived through pressure by human rights groups.
Court Result:
Attacker sentenced to 10 years under Penal Code.
Political motive considered as an aggravating factor.
Significance:
Showed expansion of acid attacks beyond domestic/family disputes.
Legal system recognized public harm dimension.
✅ Case 6: Paktia Tribal Acid Attack (2020)
Scenario: A young woman was attacked by her brother after refusing a forced marriage.
Outcome:
Local tribal elders attempted to resolve the matter via jirga, offering compensation.
Victim appealed to state court instead.
Court overruled jirga and sentenced brother to 15 years.
Importance:
Highlighted clash between customary law and formal justice.
Strengthened the state’s stance against tribal impunity in acid cases.
🧾 Summary Table
| Case | Year | Perpetrator | Victim | Outcome | Legal Basis |
|---|---|---|---|---|---|
| Kandahar Schoolgirls | 2008 | Religious extremists | Schoolgirls | 16-year sentence | General Penal Code |
| Herat Domestic Case | 2013 | Husband | Wife | 18 years + damages | Penal Code |
| Kabul Salon Owner | 2015 | Male relatives | Female entrepreneur | 15 years + damages | EVAW + Penal Code |
| Mazar Suitor Case | 2017 | Rejected suitor | Young woman | 20 years | Article 636 Penal Code |
| Bamiyan Activist | 2019 | Unknown political actors | Civil society woman | 10 years | Penal Code |
| Paktia Tribal Case | 2020 | Brother | Sister | 15 years | Penal Code, overruled jirga |
🔚 Conclusion
Afghanistan has made significant legal progress in addressing acid attacks through:
Specific criminal provisions (Article 636).
Judicial recognition of gender-based motives.
Imposition of long prison sentences and civil remedies.
However, challenges remain:
Enforcement inconsistencies.
Influence of customary law (jirgas).
Underreporting due to stigma and fear.
Still, the evolution of Afghan case law demonstrates a clear shift toward justice and accountability, especially in urban courts.
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