Legal Protections For Victims Of Domestic Violence In Afghanistan
🔹 Legal Framework: Domestic Violence in Afghanistan
Although domestic violence is widespread in Afghanistan, the legal protections for victims have historically been limited, with gradual improvements over the past two decades.
Key Legal Instruments:
Elimination of Violence Against Women (EVAW) Law (2009) – Presidential decree (not passed by Parliament but applied in practice):
Criminalizes 22 acts of violence against women, including beating, forced marriage, child marriage, and deprivation of inheritance.
Provides for shelters, legal aid, and prosecution of abusers.
Afghan Penal Code (2017) – Includes general assault and battery provisions applicable to domestic violence cases.
Afghan Constitution (2004) – Guarantees equality and protection from violence under Articles 22, 24, and 54.
Sharia Law Influence – Often influences decisions, especially in family courts, sometimes conflicting with formal protections.
🔸 1. Case: Sahar Gul (2011) – Child Bride Torture Case
Facts:
Sahar Gul, a 13-year-old girl, was forcibly married and kept in a basement by her in-laws, where she was burned, starved, and tortured.
Legal Action:
Sahar Gul was rescued and her in-laws were arrested.
A criminal trial led to convictions under the EVAW Law, and initial prison sentences of up to 10 years.
Appeals court later released the perpetrators, citing lack of evidence and procedural issues.
Significance:
Sparked national outrage and international condemnation.
Exposed weaknesses in law enforcement and judicial commitment to protect victims.
Highlighted the need for procedural reforms in applying the EVAW Law.
🔸 2. Case: Fawzia’s Imprisonment for “Running Away” (2012)
Facts:
Fawzia, a victim of repeated domestic violence, fled her abusive husband and was later arrested for "running away"—a practice sometimes treated as a crime under customary interpretations.
Legal Outcome:
Prosecuted and imprisoned for leaving her marital home without permission.
Human rights organizations intervened.
The Supreme Court later ruled that “running away” is not a crime unless accompanied by another offense like adultery.
Impact:
Landmark for recognizing women’s right to escape domestic abuse.
Helped push for reinterpretation of legal provisions that were used against victims.
🔸 3. Case: Malalai’s Appeal for Justice After Repeated Abuse (2014)
Facts:
Malalai, a woman from Bamiyan, suffered ongoing abuse from her husband, including broken bones and confinement.
Legal Action:
Police failed to act on initial complaints.
Her husband was later arrested after pressure from women’s rights organizations.
He was convicted under the EVAW Law and sentenced to 5 years in prison.
Importance:
Demonstrated the potential of the EVAW Law when properly applied.
Exposed delays and reluctance in police responses to domestic abuse cases.
🔸 4. Case: Zainab’s Death in Heroin-Induced Beating (2016)
Facts:
Zainab, a mother of three, was beaten to death by her drug-addicted husband in Kabul.
Legal Action:
Case went to court after media pressure.
The husband confessed but claimed intoxication as a defense.
Court sentenced him to 20 years imprisonment under both the Penal Code and EVAW Law.
Lessons:
Highlighted the role of media and civil society in securing justice.
Showed that substance abuse is often a contributing factor in domestic violence cases.
🔸 5. Case: Rokhshana’s Stoning for “Adultery” (2015)
Facts:
Rokhshana, a 19-year-old woman in Ghor province, was stoned to death by Taliban-linked figures for fleeing a forced marriage.
Legal Context:
The case took place in a Taliban-influenced area, outside state control.
Afghan government condemned the act, but no one was held accountable.
Impact:
Brought global attention to extrajudicial killings and lack of legal protections in rural areas.
Illustrated the gap between statutory law and its enforcement in areas controlled by non-state actors.
🔸 6. Case: Nasima’s Struggle for Custody and Shelter (2018)
Facts:
Nasima left her abusive husband and sought custody of her children.
Legal Developments:
She was temporarily placed in a women’s shelter.
Court granted her temporary custody and protection under the EVAW Law.
Her husband tried to use religious arguments to override the custody decision.
Significance:
Showed the growing but fragile recognition of women's rights in family law.
Demonstrated the importance of legal aid, shelters, and support services.
🔹 Systemic Challenges in Implementation
Despite legal progress, victims of domestic violence face multiple barriers:
| Challenge | Explanation |
|---|---|
| Weak law enforcement | Police often dismiss domestic violence as a “private matter.” |
| Limited access to shelters | Rural areas especially lack protection facilities. |
| Social stigma | Victims are often blamed or pressured to reconcile. |
| Customary justice systems | Jirgas and shuras often encourage compromise or child marriage instead of justice. |
| Judicial inconsistency | Courts sometimes apply Sharia differently, leading to contradictory outcomes. |
🔚 Conclusion
Afghanistan has made legal strides in protecting victims of domestic violence through the EVAW Law, the Penal Code, and constitutional guarantees. However, as the discussed cases show, there remains a wide gap between the law on paper and justice in practice. Police reluctance, judicial inconsistency, and cultural barriers frequently prevent victims from accessing meaningful legal remedies.
To strengthen protections, Afghanistan must:
Institutionalize consistent training for police and judges.
Ensure the EVAW Law is formally adopted and applied uniformly.
Expand shelter and legal aid access across all provinces.
Challenge harmful cultural norms through education and advocacy.
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