Trafficking Of Women For Forced Marriage
⚖️ Overview — Trafficking of Women for Forced Marriage in Afghanistan
🔹 Definition
“Trafficking of women for forced marriage” occurs when a woman or girl is sold, exchanged, or coerced into marriage against her will — often for money, property, or social advantage.
Under the Afghan Penal Code (2017, pre-Taliban) and Anti-Human Trafficking Law (2017), such acts were recognized as crimes of human trafficking, punishable by imprisonment (up to 15 years).
After August 2021, under Taliban rule, the formal penal code was replaced by Sharia-based adjudication. The Taliban still consider trafficking and forced marriage wrong, but only when it violates their interpretation of Islamic nikah rules — meaning:
It is not considered trafficking if a woman’s guardian (wali) agrees.
It is considered a crime only if women are sold purely as property or traded for non-Islamic reasons (e.g., debt settlement).
This creates a legal grey area where forced marriage under cultural or tribal customs (like baad or swara) often continues with impunity.
📚 Detailed Case Studies
Case 1: The Badakhshan Debt Settlement Case (2018)
Facts:
A poor farmer in Badakhshan Province sold his 17-year-old daughter to a wealthy man in exchange for repayment of a 200,000 AFN debt. The girl was later abused and tried to flee.
Legal Process:
Local police filed charges under the Anti-Human Trafficking Law, classifying it as “trafficking for forced marriage.” The father, the buyer, and two intermediaries were prosecuted.
Judgment:
The Kabul Primary Court (then under the Republic) found the act to constitute trafficking and forced marriage, as consent was absent.
The father received 7 years in prison
The buyer received 10 years
The intermediaries received 5 years each
Significance:
This was one of the first Afghan cases to apply anti-trafficking provisions to a domestic marriage transaction, showing progress before Taliban rule.
Case 2: The Samangan “Baad” Exchange Case (2020)
Facts:
In Samangan, a 15-year-old girl was given as baad (a tribal practice where girls are exchanged to settle disputes). She was sent to marry into a rival family after her brother killed another man.
Legal Process:
The Elimination of Violence Against Women (EVAW) unit prosecuted the case as human trafficking and forced marriage under Article 26 of the EVAW Law.
Judgment:
The provincial court convicted three male relatives for human trafficking and child marriage, sentencing them to 8 years’ imprisonment.
Significance:
The case showed official acknowledgment that baad equals trafficking when there’s exchange or coercion, but enforcement depended on the government’s stability.
Case 3: The Helmand “Bride Price” Case (2022)
Facts:
After Taliban takeover, a family in Helmand sold their daughter (age 18) for 500,000 AFN to a 50-year-old man as a “bride price.” The girl refused and escaped to a women’s shelter (later closed by Taliban).
Legal Process:
Under the Taliban court, the family argued the sale was a lawful dowry arrangement (mahr). The girl’s claim of being sold against her will was rejected because her father had consented.
Judgment:
The Taliban court did not consider it trafficking, declaring it a valid Islamic marriage contract since a guardian approved it. The woman was returned to her “husband.”
Significance:
Reveals the Taliban’s redefinition of trafficking, where women’s individual consent is ignored if guardians consent — contrary to international law.
Case 4: The Kabul NGO Worker Case (2023)
Facts:
A female NGO worker was abducted and forced to marry a Taliban member as “compensation” for working with a foreign organization. She was later rescued by her relatives.
Legal Process:
Her family appealed to the Taliban’s Ministry of Virtue and Vice, but officials claimed it was a “protective marriage” ensuring her “honor.”
Judgment:
No punishment was imposed; however, under international standards, the act clearly constitutes human trafficking for forced marriage, since coercion and threat were involved.
Significance:
Illustrates how Taliban use marriage as political and moral control, converting abduction into “marriage,” erasing the trafficking element.
Case 5: The Faryab Displacement Case (2019)
Facts:
A displaced family sold two daughters (ages 13 and 15) to men in a nearby district for food and shelter during drought and conflict.
Legal Process:
Police investigated after a UN agency reported it. The Special Court on Human Trafficking in Kabul classified it as human trafficking for exploitation through marriage.
Judgment:
Four adults, including the father and buyers, were convicted and sentenced to 5–10 years imprisonment.
Significance:
Set a precedent recognizing economic coercion and sale for survival as trafficking. This view disappeared under Taliban courts.
Case 6: The Kunduz Schoolgirl Case (2021)
Facts:
A 16-year-old schoolgirl was kidnapped by a local militia commander and forcibly married. The commander claimed “she converted willingly.”
Legal Process:
Her parents filed a case under the EVAW Law and Anti-Trafficking Law. The court found sufficient evidence of coercion and ruled it trafficking and rape under the guise of marriage.
Judgment:
The commander was sentenced to 18 years’ imprisonment, but escaped custody after the Taliban takeover.
Significance:
Demonstrates how forced marriage overlaps with sexual slavery, especially where power or coercion is used.
Case 7: The Ghazni Widow Case (2023, Taliban Period)
Facts:
A young widow was compelled by her deceased husband’s brother to marry him as part of levirate tradition (widow inheritance). She resisted but was beaten and forced to sign marriage papers.
Legal Process:
She complained to a local Taliban court. The judge ruled that “Sharia allows the guardian to protect the widow through marriage.”
Judgment:
The court validated the marriage, dismissing her complaint.
From an international legal standpoint, this constitutes trafficking and forced marriage, but under Taliban’s view, it was a moral obligation.
Significance:
Shows legalized coercion of widows, where consent is overridden by “family protection” reasoning.
⚖️ Comparative Legal Context
| Legal System | Definition of Trafficking for Marriage | Consent Considered? | Typical Punishment |
|---|---|---|---|
| Pre-2021 Penal Code (Article 510–512) | Sale or exchange of a woman for profit or coercion into marriage | Yes – must have free consent | 5–15 years imprisonment |
| EVAW Law (Article 26) | Giving a woman as baad or against will | Yes | 10 years imprisonment |
| Taliban Sharia (Post-2021) | Sale for profit without wali consent only | No (woman’s consent not primary) | Variable – often none or local settlement |
⚖️ Human Rights and Legal Analysis
Violation of International Law:
The acts violate Article 3 of the Palermo Protocol (Trafficking in Persons) and CEDAW Articles 6 & 16 on women’s freedom in marriage.
Collapse of Enforcement:
Since 2021, EVAW units and women’s shelters have been closed, leaving victims without protection or complaint mechanisms.
Cultural and Tribal Influence:
Practices like baad, swara, and walwar (bride price) continue widely; Taliban rarely challenge them due to tribal legitimacy.
Erasure of Consent:
Under Taliban law, a woman’s consent is secondary to that of her male guardian, allowing forced marriages under religious disguise.
🧭 Summary of Cases
| Case | Year | Province | Victim | Nature | Court Outcome |
|---|---|---|---|---|---|
| Badakhshan Debt Case | 2018 | Badakhshan | 17-year-old girl | Sold for debt | Convictions (7–10 yrs) |
| Samangan Baad Case | 2020 | Samangan | 15-year-old | Exchanged to settle feud | Convictions (8 yrs) |
| Helmand Bride Price | 2022 | Helmand | 18-year-old | Sold with wali consent | No crime (marriage upheld) |
| Kabul NGO Worker | 2023 | Kabul | NGO employee | Forced marriage by Taliban | No action (deemed protective) |
| Faryab Drought Case | 2019 | Faryab | Two minors | Sold for food | Convictions (5–10 yrs) |
| Kunduz Schoolgirl | 2021 | Kunduz | 16-year-old | Kidnap + forced marriage | Conviction (18 yrs) |
| Ghazni Widow | 2023 | Ghazni | Widow | Widow inheritance | Marriage upheld |
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