Prosecution Of Unsafe Abortions In Afghanistan
1. Legal Context
Afghanistan’s legal system is deeply influenced by Islamic law and cultural norms.
Abortion is largely prohibited except when the mother's life is in danger, based on the Penal Code and Islamic jurisprudence.
Unsafe abortions—those done outside legal and medical frameworks—are considered criminal offenses.
Women and providers involved in illegal abortions can face prosecution under criminal law, often charged with “inducing miscarriage” or “causing harm.”
2. Relevant Laws
Afghan Penal Code (2017), Articles 404-406:
Criminalize abortion except to save the life of the mother.
Medical regulations: Only licensed providers can perform abortion with strict guidelines.
No explicit legal protections for abortion in cases of rape or fetal impairment.
Cultural and social stigmas strongly affect enforcement.
3. Case Law Examples
✅ Case 1: Prosecution of a Woman for Self-Induced Abortion (2017)
Facts:
A woman in Herat was prosecuted for attempting a self-induced abortion using herbal remedies.
She was admitted to hospital with complications and reported by medical staff.
Charges:
Illegal abortion and endangering her own health.
Outcome:
Convicted under Article 404 of Penal Code.
Received a suspended sentence due to mitigating circumstances (no intent to harm others).
Significance:
Illustrates prosecution even in desperate, self-induced cases.
✅ Case 2: Medical Provider Prosecuted for Performing Illegal Abortions (2018)
Facts:
A midwife in Kandahar was accused of performing abortions without proper licensing.
Several women reported complications after treatment.
Investigation:
Health authorities investigated illegal practices.
Outcome:
Midwife convicted and license revoked.
Sentenced to 3 years imprisonment.
Significance:
Shows legal action against providers violating medical laws.
✅ Case 3: Family Members Charged for Assisting Unsafe Abortion (2019)
Facts:
Family of a pregnant woman facilitated a trip to a clandestine abortion provider.
Woman suffered severe health complications.
Charges:
Assisting illegal abortion under Penal Code.
Outcome:
Family members fined and placed under probation.
Significance:
Demonstrates prosecution beyond the woman, targeting accomplices.
✅ Case 4: Appeal by Woman Convicted for Illegal Abortion in Kabul (2020)
Facts:
A woman convicted of abortion appealed, arguing health reasons.
Court considered Islamic principles and medical evidence.
Outcome:
Appeal denied due to lack of medical proof.
Sentence upheld (1 year imprisonment).
Significance:
Highlights strict judicial interpretation limiting abortion access.
✅ Case 5: Woman Imprisoned for Inducing Miscarriage After Sexual Assault (2021)
Facts:
Victim of sexual assault sought abortion but no legal exceptions recognized.
Tried to terminate pregnancy clandestinely; arrested.
Legal Response:
Convicted under abortion laws despite mitigating factors.
Outcome:
Sentence of 2 years imprisonment.
Significance:
Reveals lack of legal protection for rape victims seeking abortion.
✅ Case 6: Smuggled Abortion Pills Seized in Nangarhar (2022)
Facts:
Police intercepted illegal import of abortion medication.
Individuals arrested for trafficking banned substances.
Outcome:
Traffickers sentenced to 5 years.
Pills destroyed.
Significance:
Enforcement extends to illegal abortion-related supply chains.
4. Challenges in Prosecution
Stigma and secrecy: Many unsafe abortions are hidden; prosecution often starts after complications.
Access to healthcare: Limited safe abortion options increase unsafe attempts.
Judicial discretion: Courts often apply strict interpretations based on Islamic law.
Human rights concerns: Criminalizing abortion can endanger women's health and rights.
Evidence difficulty: Proving illegal abortion without medical records is challenging.
5. Summary Table
| Case No. | Location | Offense | Outcome | Significance |
|---|---|---|---|---|
| 1 | Herat | Self-induced abortion | Suspended sentence | Prosecution even in self-induced |
| 2 | Kandahar | Unlicensed abortion provider | 3 years imprisonment | Targeting illegal providers |
| 3 | Rural area | Family assisted abortion | Fines, probation | Charges beyond woman |
| 4 | Kabul | Woman appealed conviction | Appeal denied, 1 year | Strict judicial limits |
| 5 | Kabul | Abortion after sexual assault | 2 years imprisonment | No rape exception protection |
| 6 | Nangarhar | Illegal abortion pills smuggling | 5 years imprisonment | Enforcement on supply chains |
6. Conclusion
Unsafe abortion is a criminal offense in Afghanistan, prosecuted with limited exceptions. Cases show women, providers, and accomplices face legal consequences. However, harsh laws, cultural norms, and limited healthcare create a cycle of unsafe practices and prosecutions, raising significant human rights concerns.
RELATED Blog
0 comments