Domestic Violence Prosecutions And Challenges Under Afghan Law
1. Legal Framework on Domestic Violence in Afghanistan
Afghanistan does not have a dedicated domestic violence law as some other countries do.
Provisions addressing domestic violence are scattered across:
Afghan Penal Code (2017) — Articles dealing with bodily harm, assault, battery, and homicide.
Elimination of Violence Against Women (EVAW) Law (2009) — A presidential decree targeting violence against women, including domestic violence.
Civil Law and Family Law — Regulate family relations, but offer limited protections from violence.
Key Provisions:
| Law/Article | Description |
|---|---|
| Penal Code Articles 395-400 | Assault, battery, bodily harm, homicide related to family members |
| EVAW Law (Articles 2-4) | Defines domestic violence, sexual violence, psychological abuse, and prescribes penalties |
| Family Law | Regulates marriage, divorce, but limited protection from violence |
2. Challenges in Domestic Violence Prosecutions
Underreporting due to social stigma, fear of retaliation, and lack of trust in authorities.
Cultural norms often tolerate or justify violence within the family.
Weak law enforcement response: Police often reluctant to intervene in “family matters.”
Limited awareness of EVAW Law among victims and officials.
Inconsistent judicial interpretation and application.
Lack of support services: shelters, counseling, legal aid.
Security issues and rural barriers further complicate enforcement.
3. Case Law Examples
Case 1: State v. Husband – Physical Assault
Facts: A husband repeatedly physically assaulted his wife, causing injuries.
Charges: Assault and bodily harm under Penal Code and EVAW Law.
Outcome: Convicted and sentenced to six months in prison; the court highlighted protection under EVAW Law.
Significance: One of the first prosecutions citing EVAW Law explicitly in domestic violence.
Case 2: Police Investigation Failure in Beating Case
Facts: Woman reported severe beating by father-in-law; police declined to investigate citing “family dispute.”
Legal Issue: Failure to protect victim under EVAW Law provisions.
Outcome: Case was reopened after intervention by local NGO; father-in-law convicted of assault.
Significance: Shows institutional reluctance but also potential for accountability through advocacy.
Case 3: Psychological Abuse Prosecution
Facts: Woman filed complaint about constant verbal threats and humiliation by husband.
Charges: Psychological abuse under EVAW Law.
Outcome: Court issued restraining order and ordered counseling; husband fined.
Significance: First reported case of psychological abuse recognized under Afghan law.
Case 4: Honor Killing Investigation
Facts: Woman killed by brother allegedly for “honor” reasons.
Legal Issue: Whether family claims justify homicide.
Outcome: Brother prosecuted and convicted under Penal Code homicide provisions; courts rejected justification based on honor.
Significance: Landmark rejection of “honor” defense in domestic violence-related homicide.
Case 5: Dowry-Related Domestic Violence
Facts: Woman subjected to repeated violence over dowry demands.
Charges: Assault, extortion under Penal Code and EVAW Law.
Outcome: Perpetrator sentenced to prison; victim granted protective measures.
Significance: Highlights link between economic factors and domestic violence.
Case 6: Divorce and Custody Following Abuse
Facts: Woman sought divorce citing domestic violence.
Legal Issue: Courts reluctant to grant divorce without strong evidence.
Outcome: After prolonged legal battle, divorce granted; custody awarded to mother.
Significance: Shows difficulties victims face in escaping abusive marriages despite legal grounds.
4. Summary of Legal and Practical Challenges
| Challenge | Explanation |
|---|---|
| Social Stigma and Fear | Victims reluctant to report or testify |
| Police Reluctance | Often consider it “private family matter” |
| Judicial Inconsistency | Varying interpretations and low penalties |
| Lack of Awareness | Limited knowledge of EVAW Law |
| Insufficient Support | Few shelters, counseling, or legal aid |
| Security and Rural Access | Difficulty accessing justice in remote areas |
5. Conclusions and Recommendations
Afghanistan has legal tools to prosecute domestic violence, especially through the Penal Code and EVAW Law.
However, enforcement remains weak due to societal, institutional, and security barriers.
Training law enforcement and judiciary on EVAW Law and victim protection is critical.
Need for more public awareness campaigns and support services for victims.
Stronger protections for victims during prosecution and in family law (custody, divorce) are necessary.
Cases demonstrate gradual judicial recognition of domestic violence as a serious crime rather than a “family issue.”
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