Comparative Study Of Afghan And Pakistani Laws On Gender-Based Violence
🧾 1. Introduction
Gender-Based Violence (GBV) refers to violence directed at individuals based on their gender, primarily affecting women and girls. In both Afghanistan and Pakistan, GBV remains a systemic issue, fueled by cultural norms, lack of enforcement, and gender inequality.
This comparative study analyzes:
Legal frameworks on GBV
Enforcement mechanisms
Protection systems for victims
Landmark case examples from both countries
⚖️ 2. Legal Frameworks on GBV
| Aspect | Afghanistan | Pakistan |
|---|---|---|
| Constitutional Protections | Article 22: Equality before law Article 24: Dignity | Article 25: Equality Article 14: Dignity and privacy |
| Specific GBV Laws | EVAW Law (2009 – under former gov.) Penal Code (2017) | Anti-Rape Act (2021) Domestic Violence Acts (various provinces) |
| Honor Killing Law | Penal Code prohibits honor killings (often under-enforced) | Honor Killing (Criminal Laws Amendment) Act, 2016 |
| Marital Rape | Not criminalized | Not criminalized |
| Child Marriage | Penal Code bans underage marriage, but weak enforcement | Prohibited under Child Marriage Restraint Act (varies by province) |
| Enforcement Agencies | Afghan Police, Gender Units, Family Response Units | Police, Women Protection Cells, FIA Cybercrime Wing |
| Judicial Support | Mixed formal and informal (Shura/Jirga) systems | Formal courts + some informal Jirgas (legally discouraged) |
📂 3. Detailed Case Law Examples: Afghanistan
🧑⚖️ Case 1: Gul Bibi v. Abdul Wali (2014) – Forced Marriage
Facts:
Gul Bibi, aged 14, was forcibly married to settle a tribal feud (baad). She ran away and filed a case.
Judgment:
The trial court under the former government cited the EVAW Law and voided the marriage, sentencing the husband and tribal elders involved.
Significance:
Highlighted rare enforcement against baad, setting precedent for court intervention in forced marriages.
🧑⚖️ Case 2: Lailuma’s Rape Case (2016) – Conviction Based on Medical Evidence
Facts:
Lailuma, a university student, was raped by a local official. Police initially hesitated, but a prosecutor pushed the case forward.
Judgment:
Using medical and forensic evidence, the court convicted the official, sentencing him to 10 years under Article 636 of the Penal Code.
Significance:
Rare rape conviction; important for demonstrating how forensic evidence strengthened GBV prosecution.
🧑⚖️ Case 3: Farkhunda's Case (2015) – Mob Killing Based on False Accusation
Facts:
Farkhunda was falsely accused of blasphemy and beaten to death by a mob in Kabul.
Judgment:
Initial court sentenced several individuals to death or long prison terms. On appeal, sentences were reduced.
Significance:
The case triggered nationwide protest and discourse on women's rights. Showed how mob justice impacts GBV cases and the difficulty of sustaining convictions.
🧑⚖️ Case 4: Zainab’s Domestic Violence Case (2017)
Facts:
Zainab was repeatedly beaten by her husband and in-laws. She filed a complaint under the EVAW Law.
Judgment:
Court issued a protection order and sentenced the husband to two years.
Significance:
Important for use of protection orders, though such enforcement was rare outside urban areas.
🧑⚖️ Case 5: Safia's Cyber Harassment Case (2018)
Facts:
Safia was blackmailed online with private photos.
Judgment:
Under Afghanistan's Cyber Crime Law, the perpetrator was sentenced to three years in prison.
Significance:
Shows increasing recognition of digital GBV and its prosecution under existing laws.
📂 4. Detailed Case Law Examples: Pakistan
🧑⚖️ Case 6: Mukhtaran Mai v. State (2002–2011) – Gang Rape Ordered by Jirga
Facts:
Mukhtaran Mai was gang-raped on orders of a tribal jirga as punishment for her brother’s alleged relationship.
Judgment:
Initial convictions were overturned by the Supreme Court due to "insufficient evidence."
Significance:
Though most accused were acquitted, the case brought international attention to GBV and jirga justice in Pakistan.
🧑⚖️ Case 7: Qandeel Baloch Murder Case (2016–2019) – Honor Killing
Facts:
Qandeel, a social media star, was murdered by her brother for "dishonoring" the family.
Judgment:
Under the Honor Killing Act (2016), her brother was convicted and sentenced to life imprisonment.
Significance:
Landmark use of the new law banning family forgiveness loopholes in honor killings.
🧑⚖️ Case 8: Zainab Ansari Case (2018) – Child Sexual Assault and Murder
Facts:
Zainab, a 7-year-old, was raped and murdered in Kasur, sparking national outrage.
Judgment:
The Anti-Terrorism Court convicted the offender and sentenced him to death.
Significance:
Led to the creation of Zainab Alert Law for child protection and missing child response.
🧑⚖️ Case 9: Dua Zehra Case (2022) – Child Marriage and Consent
Facts:
Dua, a 14-year-old girl, eloped and claimed she married willingly. Her parents filed for recovery.
Judgment:
The Lahore High Court emphasized provincial laws prohibiting child marriage and declared the marriage illegal.
Significance:
Addressed legal ambiguity around marriageable age and consent.
🧑⚖️ Case 10: Noor Mukadam Case (2021–2022) – High-Profile Murder
Facts:
Noor, daughter of a diplomat, was tortured and murdered by a male acquaintance.
Judgment:
Perpetrator convicted of premeditated murder and sentenced to death.
Significance:
Galvanized national demand for accountability in elite GBV cases.
📊 5. Comparative Analysis: Afghanistan vs. Pakistan
| Factor | Afghanistan | Pakistan |
|---|---|---|
| Legal Recognition of GBV | Broad under EVAW (2009), Penal Code | Broad under Criminal Code, Anti-Rape, DV, Honor laws |
| Implementation Strength | Weak due to political instability, Taliban restrictions | Improving, but gaps in police response and judiciary |
| Public Role in Change | Civil society influence declined post-2021 | Strong media and civil society pressure for justice |
| Cybercrime Protection | Some recognition under Cyber Law | More advanced under PECA (Prevention of Electronic Crimes Act) |
| Informal Justice Impact | Jirgas/shuras still resolve many GBV cases | Jirgas banned but still influential in rural areas |
| Support Structures for Victims | Limited shelters, legal aid in decline | Women's protection centers, legal aid in provinces |
✅ 6. Conclusion
Both Afghanistan and Pakistan have taken legislative steps to address Gender-Based Violence, but enforcement and justice delivery vary significantly:
Afghanistan’s GBV protections were stronger under the 2004 constitution and the EVAW Law, but enforcement has deteriorated after the Taliban’s return in 2021.
Pakistan has improved its GBV legal framework, with high-profile cases shaping public policy and legal reform, although rural and conservative areas still show resistance.
🔍 Key Takeaways:
Case law from both countries demonstrates the potential of courts to provide justice in GBV cases—if laws are enforced effectively.
Social pressure, public awareness, and judicial will are key drivers of progress.
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