Amnesty International has expressed strong criticism over Afghanistan’s recent adoption of the “Criminal Procedure Regulation of the Courts” (De Mahakumu Jazaai Osulnama), describing it as a step backward in the protection of human rights. The regulation, endorsed by the Taliban, has been described as disproportionately harmful to women, girls, and minority groups within the country. The organization’s South Asia Director, Smriti Singh, highlighted that these legal changes exacerbate existing repressive measures, particularly impacting women’s autonomy and safety.
The regulation’s controversial clauses include Article 32, which criminalizes domestic violence only if a woman sustains visible injuries or broken bones. More alarmingly, Article 34 imposes prison time on women who visit close relatives without their husband’s permission and fail to comply with a court order to return home. Amnesty underscores that these regulations effectively isolate survivors of domestic violence by cutting off access to their primary support networks, forcing them to remain in unsafe situations.
The legislation discriminates on multiple fronts, marginalizing not just women but also religious minorities and economically disadvantaged groups. Afghanistan’s social class structure results in differential punishment for similar crimes, with lower-class offenders subjected to harsher penalties than those from higher social classes, such as scholars, who face minimal repercussions. Approximately 15% of Afghanistan’s population are Shia Muslims, a group frequently targeted by authorities. Disturbingly, the new regulation exacerbates sectarian tensions by designating Shia Muslims as heretical under Clause 8 of Article 2 and Article 26, an action that only heightens their sense of insecurity.
Alarmingly, the legislation includes references to ‘slavery,’ raising global concerns about its potential legitimization within the Afghan legal framework. Such developments occur against the backdrop of widely criticized Taliban decrees that have severely undermined women’s rights in the country, leading to accusations of gender apartheid.
Global human rights bodies continue to call for greater accountability from the international community and Afghan authorities, urging attention and remedial action in response to these legally sanctioned human rights violations.