Afghanistan, Feb 27: A newly issued penal code in Afghanistan has drawn sharp criticism from international human rights organizations for enshrining gender inequality and assigning harsher punishments for animal fighting than for domestic violence against women.Signed into law in January by Afghanistan’s Supreme Leader Hibatullah Akhundzada, the decree — officially titled Decree No. 12 — establishes a new criminal framework that rights experts say reverses years of progress toward legal protections for women and minorities.According to the United Nations, the 60-page code contains 119 articles that not only codify restrictions on women’s rights but also impose punishments that vary based on gender and social class.Lighter Sentence for Wife-Beating Than CockfightingOne of the most controversial elements of the decree is its treatment of domestic violence. Under the new law, a man who physically assaults his wife — causing visible injuries such as cuts or bruises — faces a maximum penalty of 15 days in prison, and only if the woman can prove her case in court.
In contrast, individuals caught organizing or participating in animal fighting, such as cockfights or partridge fights — once a common pastime in Afghanistan — could face five months behind bars. These events were outlawed after the Taliban’s return to power in 2021.“This law effectively places greater value on the welfare of animals than on the safety and dignity of Afghan women,” said Volker Türk, UN High Commissioner for Human Rights, in remarks to the Human Rights Council in Geneva. “It legitimizes violence in the home and sets a deeply alarming precedent.”Women Face Prison for Visiting FamilyThe decree also introduces punitive measures for women who act independently. A woman who visits her father’s home without her husband’s permission may be sentenced to three months in prison.
Family members who host her could face similar penalties.“The decree formalizes gender inequality, giving husbands legal authority over their wives,” said Susan Ferguson, UN Women’s Special Representative in Afghanistan. “It strips women of the right to seek justice and places them under state-sanctioned male control.”Justice Based on Social ClassBeyond gender, the new code also differentiates punishment based on social hierarchy. According to the text, clerics and high-ranking individuals receive a verbal warning for certain crimes, while members of the “lower classes” may be subjected to physical beatings.
Punishments vary for the same offense depending on the accused’s social standing:Religious scholars and elites: Warning from a judgeTribal leaders and businessmen: Warning and court summonsOrdinary citizens: ImprisonmentLower classes: Corporal punishment, including up to 39 lashesEven the administration of beatings is prescribed in detail, with lashes to be delivered across different parts of the body.However, the law does not allow for leniency in cases of murder, where the death penalty still applies. Insulting the Prophet Muhammad also remains a capital offense, although it may be reduced to a six-year sentence if the offender repents.International Calls for Reversal the decree is the Taliban government’s first complete penal code since seizing control in August 2021, and it follows a series of restrictive edicts — including bans on girls’ education beyond primary school, women’s employment in most sectors, and strict dress codes.Speaking in Geneva, Commissioner Türk urged Afghan authorities to rescind the decree, calling it a violation of international law and a direct assault on human rights.“Women and girls are not just part of society — they are its future,” he said. “Afghanistan cannot achieve peace, stability, or prosperity by excluding half its population.
”Despite growing condemnation from the global community, Afghan officials have yet to signal any intent to revise or withdraw the law.For now, activists fear that the legal codification of gender-based repression will deepen the humanitarian crisis and further isolate Afghanistan on the world stage.
