Gender-Based Violence In Afghanistan And Criminal Accountability
I. Overview
Gender-based violence (GBV) in Afghanistan includes a wide range of abuses such as:
Domestic violence
Forced and child marriages
Sexual assault and rape
Honor killings
Acid attacks
Psychological and economic abuse
Despite being criminalized under Afghan law (particularly the 2017 Penal Code and the now-suspended Elimination of Violence Against Women (EVAW) Law 2009), criminal accountability remains weak due to:
Cultural taboos and stigma
Fear of retaliation
Lack of witness protection
Corruption within the justice system
Taliban-era rollbacks of women's legal protections (post-2021)
II. Legal Framework
Before 2021 (Republic Era):
EVAW Law (2009) criminalized 22 forms of violence against women.
Penal Code (2017) incorporated several GBV provisions (e.g., rape, harassment, beating).
Specialized prosecution units for violence against women were established.
After 2021 (Taliban Rule):
EVAW law not enforced.
Application of Islamic law (Sharia) governs criminal cases.
Accountability for GBV has significantly regressed, though some cases are still handled informally or by local authorities.
III. Case Studies: Gender-Based Violence and Accountability in Afghan Courts
Case 1: The Farkhunda Murder Case (Kabul, 2015)
Facts: Farkhunda Malikzada, a 27-year-old woman, was falsely accused of burning the Qur'an and was lynched by a mob in Kabul.
Legal Response:
The case went viral nationally and internationally.
49 people were arrested; several tried.
Some police officers were prosecuted for failure to protect.
Outcome:
Initial convictions (including death penalties), but many were later overturned on appeal.
Impact:
Exposed systemic gender bias, mob justice, and inconsistent judicial accountability.
Sparked national debate on women’s rights and legal reform.
Case 2: Child Marriage and Rape Case in Ghor Province (2019)
Background: A 13-year-old girl was married off and raped by her much older husband and his relatives.
Legal Proceedings:
Prosecutors filed charges under the EVAW Law and Penal Code.
Forensic evidence and victim testimony presented.
Challenges:
Family initially refused to testify due to fear of social shame.
Community pressured authorities to drop the case.
Outcome:
The husband received 16 years in prison for rape and child abuse.
Significance:
Demonstrated the potential for justice under the EVAW law framework when supported by strong evidence.
Case 3: Domestic Violence and Attempted Honor Killing (Nangarhar, 2018)
Facts: A woman was beaten and nearly killed by her husband for allegedly “dishonoring” the family.
Legal Response:
Charged with attempted murder under the Penal Code.
Local women's rights NGOs supported the prosecution.
Court’s Decision:
Husband sentenced to 10 years in prison.
Significance:
Rare example where the court rejected traditional "honor" justifications for violence.
Victim protection remained a challenge, as she was later forced into hiding.
Case 4: Acid Attack in Herat (2017)
Incident: A female student was attacked with acid after rejecting a marriage proposal.
Investigation:
Perpetrator identified through witness accounts and arrested.
Legal Charges:
Prosecuted for grievous bodily harm under the Penal Code.
Outcome:
Conviction with a 15-year prison sentence.
Significance:
Demonstrated successful prosecution in a GBV case involving intent to permanently disfigure.
Victim advocacy played a crucial role.
Case 5: Sexual Harassment in the Workplace (Kabul, 2019)
Facts: A female government employee reported repeated sexual harassment by a superior.
Legal Action:
Prosecuted under anti-harassment provisions in the 2017 Penal Code.
Administrative and criminal inquiries initiated.
Challenges:
Retaliation from co-workers.
Attempted bribery and threats against the complainant.
Result:
Offender fined and dismissed, but no imprisonment.
Significance:
Exposed institutional reluctance to impose harsher penalties.
Showed gaps in protection for women in public offices.
Case 6: Stoning of a Woman in Badakhshan (2020)
Facts: A young woman was stoned to death by a local council after being accused of adultery.
Legal Status:
Occurred in Taliban-controlled territory before 2021 takeover.
No formal judicial process.
Government Reaction:
Condemned the killing but could not prosecute due to lack of control over the area.
Importance:
Demonstrated the parallel justice systems and the impunity for GBV under informal (tribal/Taliban) rule.
Victims in rural areas often denied access to any formal justice.
IV. Analysis of Trends and Barriers
| Barrier | Explanation |
|---|---|
| Cultural Taboos | Victims face shame and ostracism for reporting GBV. |
| Corruption in Judiciary | Bribes and influence often result in perpetrators being released. |
| Lack of Witness Protection | Victims and witnesses fear retaliation. |
| Weak Law Enforcement | Police sometimes sympathize with abusers or refuse to register cases. |
| Inconsistent Legal Application | Some courts apply Sharia or customary law inconsistently, limiting criminal accountability. |
V. Impact of Taliban Rule Post-2021
EVAW Law no longer enforced.
Women judges, prosecutors, and lawyers have been removed or fled.
Most GBV cases now handled by informal or religious tribunals, where women's rights are minimally recognized.
Reporting has dropped dramatically due to fear, lack of access, and institutional collapse.
VI. Conclusion
While Afghanistan’s criminal justice system has, in some cases, held perpetrators of gender-based violence accountable, systemic barriers and socio-political instability often prevent justice. Pre-2021 legal reforms, particularly the EVAW law, showed some promise. However, under current Taliban rule, GBV survivors face increasing marginalization and fewer avenues for legal redress.
To restore justice for GBV victims, Afghanistan needs:
Reinstatement of gender-sensitive laws like EVAW
Independent judiciary and prosecution services
Protection mechanisms for victims and witnesses
International pressure and support for women’s rights
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