Taliban's New Penal Code Formalizes Hardline Policies in Afghanistan
The Taliban leadership in Afghanistan has officially introduced a comprehensive new penal code that codifies many of its most restrictive policies, drawing immediate concern from international human rights organizations about the devastating impact on women and children across the country.
Controversial Provisions on Physical Discipline
Signed by supreme leader Hibatullah Akhundzada, the extensive 90-page criminal document contains provisions that explicitly permit husbands to physically discipline their wives and children, provided such actions do not result in "broken bones or open wounds." This formalization of domestic violence protections has sparked outrage among human rights advocates who argue it institutionalizes abuse within family structures.
This legislation represents just one component of a broader legal framework that the Taliban has systematically implemented since returning to power, dramatically curtailing fundamental rights for women and girls throughout Afghanistan. United Nations experts and global human rights organizations have issued sharp condemnations of these policies, which they describe as an unprecedented rollback of gender equality protections.
Systematic Erasure of Women from Public Life
The Taliban regime has formalized policies affecting virtually every aspect of women's existence in Afghanistan, effectively erasing women from public participation. These restrictions span multiple domains:
- Education: Girls have been completely barred from attending secondary school beyond grade six, while women face prohibitions on university enrollment and entrance examinations. Entire academic fields including engineering, agriculture, journalism, mining, and veterinary sciences have been closed to female students.
- Employment: Women face broad bans across government positions and numerous private-sector roles, with only heavily restricted exceptions in some health and primary education positions. The Taliban has prohibited women from working with national and international NGOs and even United Nations agencies.
- Freedom of Movement: Women must now be accompanied by a close male relative, or mahram, for most travel beyond short distances, including trips to healthcare facilities, workplaces, and government offices.
Educational Restrictions and Curriculum Changes
The educational landscape for girls and women has undergone dramatic transformation under Taliban rule. Many girls' education centers have been forcibly shut down, with some provincial authorities reportedly banning girls aged ten and above from attending even elementary grades. Additional regulations impose strict dress codes, including full-face coverings, as mandatory conditions for classroom attendance.
Curriculum modifications have significantly reduced secular subjects while expanding religious instruction, further narrowing educational and professional opportunities for women. These changes effectively limit women's prospects for meaningful participation in Afghanistan's economic and social development.
Employment Restrictions and Economic Exclusion
Women face systematic exclusion from Afghanistan's workforce under Taliban decrees. Beyond government employment bans, women have been prohibited from numerous professions including flight attendants and other public-facing roles. Many women-operated businesses, including small bakeries and shops, have been forced to close their doors.
The dissolution of state institutions that previously supported survivors of gender-based violence has left women without institutional protections in both workplace and domestic settings, creating environments where abuse can occur without recourse to justice systems.
Movement Restrictions and Healthcare Access Limitations
The mahram requirement represents just one component of broader movement restrictions imposed on Afghan women. Authorities have implemented regulations preventing women from using public transportation independently and have barred cafes and public venues from serving unaccompanied women.
In some regions, hospitals have reportedly received orders not to treat female patients unless accompanied by a male guardian, effectively denying women independent access to essential healthcare services. Women have also been banned from entering parks, gyms, public baths, and other community spaces, severely limiting their participation in public life.
Dress Codes and Collective Punishment Mechanisms
Strict dress codes mandate hijab wearing according to detailed guidelines, with some institutions requiring full-body coverings such as the chadari or burqa. Enforcement mechanisms extend beyond individual women to include collective punishment measures.
Women who fail to comply with dress regulations risk losing government employment, while male relatives deemed to have "allowed" non-compliance may face suspension from their positions. Additional restrictions instruct women not to visit male tailors and to limit social interactions outside their homes.
Dismantling of Legal Protections and Justice Systems
The Taliban has systematically dismantled institutional protections for women, dissolving shelters, legal aid centers, and state commissions addressing violence against women. Female lawyers have reportedly been denied professional licenses, effectively barring them from legal practice and restricting women's access to gender-sensitive legal representation.
Women seeking justice must appear fully covered before exclusively male judges and be accompanied by a male guardian—often the alleged abuser—making legal redress virtually impossible. Reports indicate that police and judges frequently dismiss domestic violence complaints as "private matters" rather than criminal offenses requiring investigation.
Harsh Punishments and Limited Legal Safeguards
Under the new legal framework, husbands face maximum penalties of fifteen days imprisonment for using "obscene force" resulting in bruises or fractures, but convictions require wives to prove abuse in court under strict procedural constraints that often disadvantage women.
Married women can reportedly face up to three months imprisonment for visiting relatives without their husband's permission, even when fleeing abusive situations. Previous legal safeguards, including the 2009 Elimination of Violence Against Women law, have been completely scrapped.
Public flogging—up to thirty-nine lashes or more—and prison terms ranging from one to seven years have been imposed for "moral crimes" such as adultery or "illegitimate relations," with women disproportionately affected by these punishments. Taliban leaders have threatened the resumption of public stoning for adultery, though such executions have not been widely documented to date.
Exclusion from Governance and Suppression of Dissent
Women have been systematically excluded from senior political, judicial, and security positions, with mechanisms for women's participation in governance completely dismantled. Women's rights activists and protesters have faced violent dispersal, arbitrary arrest, enforced disappearances, and alleged torture in detention facilities.
Women journalists operate under strict censorship regimes, facing harassment and on-air face-covering requirements that have driven many professionals out of the media industry entirely. This suppression of women's voices further entrenches their exclusion from public discourse and decision-making processes.
International Condemnation and Humanitarian Concerns
United Nations experts and human rights organizations, including groups such as Rawadari, have described the Taliban's legal framework as representing an unprecedented regression in women's rights protections. These organizations argue that the policies constitute systematic gender-based discrimination and may meet legal thresholds for crimes against humanity under international law.
As restrictions continue to expand, Afghan women and girls face rapidly shrinking access to education, employment, healthcare, justice systems, and public life. These developments raise urgent concerns about long-term social and humanitarian consequences for Afghanistan's population, particularly regarding intergenerational impacts on children raised under these restrictive conditions.
