Kabul: A new penal code introduced by the Taliban in Afghanistan permits husbands to physically punish their wives and children under certain conditions and establishes a tiered justice system based on social status.
The 90-page criminal procedure code, signed by Taliban supreme leader Hibatullah Akhundzada and distributed to courts across the country, allows physical punishment as long as it does not result in “broken bones or open wounds”, according to reports by The Telegraph and The Independent.
Under the new framework, spousal violence is classified as “ta’zir”, or discretionary punishment. Even when serious injury is proven, the maximum sentence for the husband is limited to 15 days in prison, the reports said.
The law sets strict conditions for filing complaints. A woman must present her injuries in person before a judge while remaining fully veiled and accompanied by a male guardian. In many cases, the guardian may be the husband against whom the complaint is filed.
Article 34 states that a married woman who visits her relatives without her husband’s permission may face up to three months in prison. Family members who shelter her could also be punished. The new code replaces the 2009 Elimination of Violence Against Women law introduced under the previous government
According to Rawadari, an Afghan human rights organisation operating in exile, the code divides Afghan society into four groups: religious scholars, elites, middle class and lower class. The same offence may lead to different outcomes depending on social standing. Religious scholars may receive advice, elites may be summoned to court, while individuals in the lower categories may face imprisonment and corporal punishment.
The document also includes provisions criminalising criticism of Taliban policies, insulting leaders and certain cultural activities such as dancing and music. It does not provide for defence lawyers or appeals.
Rawadari has called on the United Nations and international bodies to halt the implementation of the code.
