Taliban Introduces Controversial Penal Code on Domestic Violence
The Taliban government in Afghanistan has enacted a new penal code that explicitly allows husbands to physically abuse their wives and children, as long as the violence does not result in broken bones or open wounds. This legislation, signed into law by Supreme Leader Hibatullah Akhundzada, represents a significant regression in human rights protections for Afghan women and minors.
Legal Provisions and Enforcement Mechanisms
Under the barbaric new code, abusers would only face prosecution if they cause visible fractures or severe injuries. However, conviction hinges entirely on the woman's ability to prove abuse in court, which requires her to display wounds to a judge while remaining fully covered in accordance with strict dress codes. Even if convicted, the perpetrator faces a maximum penalty of just 15 days in prison, a punishment critics deem grossly inadequate for acts of domestic violence.
The law contains no specific provisions to protect children from physical, mental, or sexual assault and abuse. Additionally, it imposes harsh restrictions on women's mobility, stating that if a woman visits her father's or another family member's house without her husband's permission and fails to return home, she can be imprisoned for three months.
Human Rights Organizations Condemn the Legislation
Rawadari, a prominent human rights organization, has strongly condemned the new penal code. 'The totality of these provisions stands in clear contradiction to the principle of equality, the prohibition of gender discrimination, the prohibition of violence against women, and the right to human dignity,' the organization stated. 'This seriously increases the risk of intensifying and institutionalizing violence against women.'
Context of Taliban's Crackdown on Women's Rights
Since retaking power in Afghanistan in 2021, the Taliban has systematically rolled back human rights, with women bearing the brunt of these oppressive measures. In 2024, the government passed laws banning women from reading and singing in public as part of a strict new set of 'vice and virtue legislation' approved by Supreme Leader Akhundzada.
These regulations extend to various aspects of daily life, including public transportation, music, shaving, and celebrations. Article 13 of the code mandates that women veil their bodies at all times in public, emphasizing that face coverings are essential to avoid temptation. Clothing must not be thin, tight, or short, and women are forbidden from singing, reciting, or reading aloud in public because the female voice is considered too intimate.
Further restrictions prohibit women from looking at men not related by blood or marriage and require them to cover themselves in front of non-Muslim males and females to avoid corruption.
Global Campaigns Against Violence Towards Women
The introduction of this law coincides with global efforts to combat violence against women. On November 25, 2024, Metro launched the 'This Is Not Right' campaign in partnership with Women's Aid to address the relentless epidemic of violence against women. The campaign aims to highlight the scale of this national emergency and provide a platform for sharing stories and raising awareness.
Human rights advocates continue to call for international pressure on the Taliban to repeal these draconian laws and uphold basic human rights for all Afghans, particularly women and children who are most vulnerable under the current regime.
