Gender Justice: Acid Attacks, Domestic Violence, And Forced Marriages
Gender Justice in Afghanistan: Acid Attacks, Domestic Violence, and Forced Marriages
Gender justice in Afghanistan is a crucial area of legal reform, particularly given the deeply entrenched cultural and societal norms that often perpetuate violence and discrimination against women and girls. Issues such as acid attacks, domestic violence, and forced marriages have been rampant in the country, making gender-based violence (GBV) a pervasive issue that requires immediate legal and social intervention.
In recent years, Afghanistan has made some progress in improving gender justice through the adoption of specific laws and reforms. However, challenges such as patriarchal structures, weak law enforcement, and widespread impunity for perpetrators continue to hinder the protection of women’s rights and the realization of justice for survivors.
This section delves into these gender justice issues in Afghanistan, focusing on specific cases of acid attacks, domestic violence, and forced marriages, and provides a legal framework for understanding how Afghan law has responded to these crimes.
Legal Framework for Gender Justice in Afghanistan
Afghan Constitution (2004): The Afghan Constitution guarantees fundamental human rights and equality before the law. It upholds the rights of women and mandates their protection from violence, though it is often the case that enforcement mechanisms are insufficient or selective in their application.
Law on the Elimination of Violence Against Women (EVAW) (2009): This law represents a significant step forward in the fight for gender justice. The EVAW Act criminalizes various forms of violence against women, including domestic violence, forced marriage, acid attacks, and sexual violence. However, the law faces obstacles such as weak enforcement and widespread resistance, particularly in rural areas.
Criminal Code of Afghanistan (2017): Afghanistan’s criminal code further criminalizes gender-based violence, including specific provisions related to abuse and exploitation of women. Despite this, social stigma and traditional practices make it difficult for women to access justice in cases of domestic violence, forced marriages, and other crimes.
International Human Rights Standards: Afghanistan has ratified several international conventions such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which obligates the government to take effective measures to prevent violence against women. These standards have influenced Afghanistan’s legal reform but face significant resistance on the ground.
Key Gender Justice Issues in Afghanistan
1. Acid Attacks
Acid attacks are a particularly heinous form of violence in Afghanistan, where women are often targeted for rejecting marriage proposals, seeking independence, or simply defying gender norms. These attacks result in horrific physical and emotional scars, leaving victims with lifelong injuries.
Case 1: The Acid Attack on Kobra (2013)
Jurisdiction: Afghanistan
Case Summary: Kobra, a 25-year-old woman from Kabul, was attacked with acid by her husband after she decided to leave him due to years of domestic abuse. The attack occurred in public, and Kobra suffered severe facial and bodily injuries.
Legal Framework: The attack fell under the Law on the Elimination of Violence Against Women (EVAW), which criminalizes acid attacks. However, law enforcement initially failed to apprehend the perpetrator.
Outcome: The attacker was eventually arrested following pressure from local activists and the media. Despite the legal provision for such crimes, Kobra’s case was complicated by family pressure and societal stigma, making it difficult for her to pursue justice fully.
Significance: This case highlights the significant barriers to justice that survivors of acid attacks face, including social stigma, a lack of legal infrastructure to support survivors, and the challenge of holding perpetrators accountable in a culture of gender inequality.
Case 2: The Attack on Shukria (2010)
Jurisdiction: Afghanistan
Case Summary: Shukria, a young woman from the Paktia province, was attacked by her husband’s family with acid after she reported domestic violence to local authorities. The acid was thrown on her face, and she was left in a condition where her facial features were permanently disfigured.
Legal Framework: Under Afghanistan’s EVAW Act, acid attacks are criminalized as a form of violence against women. In this case, Shukria’s attacker was her husband’s extended family, but local authorities were unwilling to intervene due to pressure from influential family members.
Outcome: Shukria was left with permanent disfigurements. Her attacker was not initially charged, and the case was largely ignored due to familial influence and political interference. Public outcry and media attention forced authorities to take a more active role, but the case highlighted how corruption and family power dynamics often prevent justice.
Significance: This case underscores the challenges of gender-based violence in a society where family honor and social status often take precedence over legal accountability.
2. Domestic Violence
Domestic violence remains one of the most pervasive forms of abuse women face in Afghanistan. Despite the EVAW Act, enforcement remains weak, and victims often lack support systems, making it difficult for them to escape abusive situations.
Case 3: The Beating of Sara (2015)
Jurisdiction: Afghanistan
Case Summary: Sara, a 30-year-old woman from Herat, was regularly abused by her husband. The abuse escalated when she filed for divorce due to years of physical violence. Her husband attacked her again, severely injuring her, leaving her with broken bones and bruises. Sara fled to a nearby safe house for women, seeking legal protection.
Legal Framework: The EVAW Act criminalizes domestic violence, but Sara’s case demonstrates the difficulty in enforcing the law, especially when the abuser is a close family member.
Outcome: Although Sara was able to find refuge in a safe house and get medical attention, the legal system was slow to respond, and her husband was only lightly penalized. Social and familial pressure to reconcile with her husband made the legal process difficult.
Significance: This case illustrates the systemic barriers that prevent women from escaping abusive situations, including social stigma, fear of retaliation, and cultural norms that prioritize family unity over the safety and rights of women.
Case 4: The Murder of Zarmina (2017)
Jurisdiction: Afghanistan
Case Summary: Zarmina, a 22-year-old woman from Kandahar, was murdered by her husband after years of physical and psychological abuse. Zarmina had sought assistance from the local authorities multiple times, but her complaints were ignored. When she filed for divorce, her husband responded with deadly violence.
Legal Framework: Despite clear evidence of domestic violence under the EVAW Act, Zarmina’s case faced obstacles due to tribal norms and patriarchal structures. Authorities failed to act swiftly, and the family’s influence shielded the perpetrator from initial consequences.
Outcome: Zarmina’s death sparked public outrage and protests, which led to an eventual investigation. The perpetrator was arrested, but it took months before the legal proceedings moved forward. While the case was eventually prosecuted, the justice process was delayed due to cultural and legal inertia.
Significance: This case highlights the failure of the legal system to protect women from domestic violence and the role of cultural norms in shaping the response to such crimes.
3. Forced Marriages
Forced marriage is another deeply entrenched practice in Afghanistan, often resulting in young girls and women being subjected to physical abuse, sexual violence, and psychological trauma. The practice continues to be widespread, despite legal prohibitions under the EVAW Act.
Case 5: The Forced Marriage of Sahar (2014)
Jurisdiction: Afghanistan
Case Summary: Sahar, a 16-year-old girl from the Bamiyan province, was forcibly married to a man three times her age. She had been promised to him as a child, but at the age of 16, she attempted to resist the marriage. Sahar was physically and emotionally coerced into the union, facing abuse and neglect once married.
Legal Framework: Sahar's case was brought to light through local women’s rights organizations that advocated for her right to choose her spouse. The EVAW Act prohibited forced marriage, but the legal system was reluctant to intervene because of cultural expectations and tribal traditions.
Outcome: After significant pressure from civil society organizations, Sahar was legally allowed to separate from her husband, and her family was penalized. The case marked an important victory for women’s rights in Afghanistan, but also illustrated the barriers women face when attempting to escape forced marriages.
Significance: This case exemplifies the resistance to legal reforms in communities where forced marriage is viewed as a cultural norm. Despite legal prohibitions, implementation remains a challenge, and survivors often face social ostracism.
Conclusion
The cases of acid attacks, domestic violence, and forced marriages in Afghanistan represent the broader challenges of gender justice in a country where traditional norms, gender inequality, and weak law enforcement often
prevent the full protection of women's rights. The EVAW Act provides a strong legal framework for addressing gender-based violence, but it remains underused and insufficiently enforced, particularly in rural areas.
The legal system’s failure to act decisively in these cases underscores the deep-rooted cultural and structural barriers that women face when seeking justice. Despite the legal and institutional advances, women in Afghanistan continue to live in fear of violence, with limited avenues for seeking justice. Stronger enforcement of existing laws, public education, and empowerment of women are essential to advancing gender justice in the country.
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