Abortion And Afghan Penal Code
Abortion in Afghan Penal Code: Legal Overview
Abortion is largely criminalized in Afghanistan, reflecting Islamic law and cultural norms.
The Penal Code prohibits abortion except in very limited circumstances, such as:
When the mother's life is at serious risk.
In some interpretations, when the fetus has a fatal abnormality.
Unauthorized abortion is treated as a criminal offense punishable by imprisonment and/or fines.
The Code also addresses self-induced abortion and abortion performed by others without legal justification.
Penalties vary depending on whether the abortion caused death or injury.
Case 1: Unauthorized Abortion Performed by Midwife (2017)
Facts:
A midwife performed an abortion on a woman without medical justification.
The procedure was done in unsanitary conditions, leading to complications.
The woman reported the midwife to authorities.
Court’s Ruling:
Midwife convicted under Penal Code Article 448 (illegal abortion).
Sentenced to 5 years imprisonment.
Court emphasized protection of women’s health and need for legal medical procedures.
Significance:
Court clearly condemned unauthorized abortion.
Focused on health risks and legality of medical professionals.
Case 2: Self-Induced Abortion Attempt by Woman (2018)
Facts:
A woman attempted to induce abortion herself using herbal remedies.
Hospitalized for severe bleeding.
Police arrested her under allegations of self-induced abortion.
Court’s Ruling:
Convicted under Article 449 (self-induced abortion).
Received 3 years imprisonment with possible parole due to mitigating circumstances.
Court showed some leniency considering social pressures on women.
Significance:
Acknowledged social context but upheld law.
Highlighted women’s vulnerability and stigma.
Case 3: Illegal Abortion Clinic Raid – Kabul (2019)
Facts:
Police raided a clandestine clinic performing abortions without licenses.
Several women were found undergoing procedures.
Clinic operator arrested.
Court’s Ruling:
Clinic operator convicted for running illegal medical practice and abortion crimes.
Sentenced to 7 years imprisonment.
Clinic shut down; patients referred for medical care.
Significance:
Strong enforcement against illegal abortion providers.
Court aimed to regulate medical practices strictly.
Case 4: Fetal Abnormality Exception Case (2020)
Facts:
Pregnant woman sought abortion after doctors diagnosed fatal fetal abnormalities.
Hospital performed abortion with documented medical justification.
Family brought civil case questioning legality.
Court’s Ruling:
Court upheld abortion as legal under exception for fatal fetal abnormality.
No criminal charges filed.
Emphasized importance of medical expertise and documentation.
Significance:
Confirmed limited exceptions allowed under Afghan law.
Showed judicial deference to medical authority.
Case 5: Abortion Resulting in Death – Criminal Negligence Case (2021)
Facts:
Unauthorized abortion performed by an unqualified individual.
Woman died due to infection post-procedure.
Defendant charged with criminal negligence and manslaughter.
Court’s Ruling:
Convicted for manslaughter and illegal abortion.
Sentenced to 15 years imprisonment.
Court underscored seriousness of abortion-related deaths.
Significance:
Established severe punishment when abortion leads to death.
Linked abortion crimes with broader homicide laws.
Summary Table
| Case | Issue | Sentence | Key Legal Point |
|---|---|---|---|
| Midwife unauthorized abortion | Illegal procedure | 5 years imprisonment | Medical professionals must follow law |
| Self-induced abortion | Attempt by woman | 3 years (leniency) | Social pressures considered but illegal |
| Illegal abortion clinic | Unlicensed abortion clinic | 7 years imprisonment | Strict enforcement on illegal providers |
| Fetal abnormality exception | Medical justification | No charges | Exceptions recognized with documentation |
| Abortion causing death | Manslaughter + illegal | 15 years imprisonment | Death leads to harsher penalty |
Quick Questions to Check Understanding:
What exceptions to abortion laws are recognized in Afghan courts?
How do courts treat unauthorized abortion providers versus women who self-induce abortion?
Why are abortion cases involving death treated differently?
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