A new penal code issued by decree in Afghanistan imposes harsher punishments for mistreating animals than for domestic violence against women, further entrenching gender and social inequality. The decree, signed by Supreme Leader Hibatullah Akhundzada in January, has drawn sharp criticism from the United Nations.
According to the UN High Commissioner for Human Rights, Volker Turk, the 60-page Decree No. 12 defines crimes and punishments that contravene Afghanistan's international obligations. It allows husbands and heads of households to mete out punishment in the home, legitimising violence against women and children, and criminalises criticism of the de facto leadership.
Under the new code, a man who beats his wife severely enough to cause visible injury faces a maximum of 15 days in prison, provided his wife can prove the case. In contrast, a woman who visits her relatives without her husband's permission faces three months in prison, along with any relatives who fail to return her. Animal fighting, such as cockfights, carries a five-month prison sentence.
The decree also mandates different punishments based on social class, ranging from warnings for clerics and high-ranking individuals to physical beatings for the lowest social rungs. However, murder and insulting the Prophet Muhammad remain capital offences, with the latter convertible to six years if the offender repents.
UN Women's Special Representative in Afghanistan, Susan Ferguson, stated that the decree formally removes equality between men and women before the law, placing husbands in authority over wives and limiting women's access to justice. Turk urged Afghan authorities to reverse their course on excluding women, emphasising that the country cannot thrive without them.
