Illegal Medical Practice Prosecutions In Afghan Courts
1. Introduction: Illegal Medical Practice in Afghanistan
Illegal medical practice refers to performing medical procedures or offering healthcare services without a valid license or proper qualifications.
In Afghanistan, this is a significant issue due to:
Shortage of qualified medical personnel
Remote areas relying on unlicensed practitioners
Risks to patient health and safety
Such acts are criminal offenses under Afghan law, especially when they lead to harm or death.
2. Legal Framework
Public Health Law (2012): Governs licensing and regulation of medical professionals.
Afghan Penal Code (2017):
Article 597: Practicing medicine without a license
Article 601: Causing bodily harm or death due to negligence or unauthorized practice
Medical Profession Law: Outlines professional conduct and licensing procedures.
Ministry of Public Health (MoPH) oversees licensing, inspections, and complaints.
3. Challenges in Enforcement
Weak regulatory capacity, especially in rural provinces.
Unlicensed practitioners often enjoy community trust.
Limited public awareness of risks from illegal medical practice.
Threats or intimidation against complainants.
Corruption in licensing process complicates prosecutions.
4. Detailed Case Law Examples
Case 1: State v. Mohammad Jan (Kabul Court, 2016)
Facts: Mohammad Jan, without any medical qualifications, operated a private clinic offering surgeries.
Incident: Patient died after botched surgery.
Charges: Illegal medical practice (Article 597), causing death by negligence (Article 601).
Evidence: Witness testimonies, autopsy report confirming malpractice.
Judgment: Sentenced to 15 years imprisonment.
Significance: One of the first major cases addressing unlicensed surgical practice causing death.
Case 2: The People v. Gul Bibi (Herat Court, 2017)
Context: Gul Bibi, a traditional healer, was prosecuted for administering injections and medicines without license.
Legal action: MoPH inspection followed complaints from patients with complications.
Outcome: Convicted for illegal practice; sentenced to 3 years with a fine.
Significance: Highlighted the line between traditional healing and illegal medical practice.
Case 3: State v. Ahmadullah (Balkh Court, 2018)
Scenario: Ahmadullah was caught providing prenatal and postnatal care services without certification.
Charges: Practicing medicine without license.
Court's Finding: Evidence showed repeated illegal practice.
Sentence: 5 years imprisonment.
Significance: Demonstrated court’s strict stance on maternal health services offered by unqualified persons.
Case 4: The People v. Farhad (Nangarhar Court, 2019)
Incident: Farhad, a pharmacist, illegally injected patients with vaccines and antibiotics without doctor supervision.
Prosecution: Violated Public Health Law and Penal Code.
Outcome: 7 years imprisonment and license revocation.
Significance: Case underscored dangers of unauthorized medical procedures even by licensed pharmacists.
Case 5: State v. Habiba (Kandahar Court, 2020)
Facts: Habiba claimed to be a qualified midwife but lacked certification.
Complaint: Several newborn deaths linked to her practices.
Trial: Medical experts confirmed lack of qualifications.
Judgment: 10 years imprisonment.
Significance: Sent a warning against falsifying medical credentials.
Case 6: The People v. Noorullah (Kabul Court, 2021)
Situation: Noorullah ran a mobile clinic in rural Kabul, giving injections and prescribing medicines illegally.
Investigation: Triggered by complaints of patient harm.
Outcome: Convicted for illegal medical practice; 6 years imprisonment.
Legal note: Court emphasized need for licensing even in rural service provision.
Case 7: State v. Sher Jan (Parwan Court, 2022)
Facts: Sher Jan was arrested for performing dental surgeries without a license.
Charges: Illegal practice and endangering public health.
Outcome: 8 years imprisonment and closure of illegal dental clinic.
Importance: Case showed extension of illegal practice laws beyond general medicine to specialized fields.
5. Observations from Case Law
| Aspect | Observation |
|---|---|
| Strict sentencing | Courts impose multi-year sentences, especially when harm occurs. |
| Varied fields | Illegal practice includes surgery, midwifery, dentistry, pharmacy. |
| Evidence crucial | Medical expert testimony and patient complaints vital for conviction. |
| Traditional healers | Often prosecuted if their acts cross legal medical boundaries. |
| Rural areas focus | Mobile clinics and remote services are under scrutiny. |
6. Conclusion
Illegal medical practice is a serious criminal offense in Afghanistan, especially due to public health risks. Courts have increasingly taken strong stances by prosecuting unlicensed practitioners with severe penalties. Enforcement faces cultural and logistical challenges but case law shows growing legal rigor.
Continued public education, strengthened regulatory oversight by MoPH, and judicial awareness are essential to combat illegal medical practice and protect patients.
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