Criminal Law Responses To Acid Attacks Against Women
I. Introduction
Acid attacks are a heinous form of gender-based violence, predominantly targeting women, causing severe physical and psychological harm. In Afghanistan, where women face significant societal challenges, acid attacks have emerged as a disturbing phenomenon. The criminal justice system has responded by defining and punishing acid attacks under the law, but enforcement remains complex.
II. Legal Framework Governing Acid Attacks in Afghanistan
A. Afghan Penal Code (2017)
Article 398 (Assault Causing Severe Injury): Punishes intentional acts causing serious bodily harm, which includes acid attacks.
Article 400 (Use of Poison or Harmful Substances): Specifically criminalizes use of corrosive substances like acid with intent to harm.
Article 427 (Harming a Woman’s Honor and Dignity): Used in cases where acid attacks are motivated by revenge or attempts to dishonor women.
Article 12 (Crimes Against Public Health and Safety): Acid attacks are sometimes prosecuted under public safety laws due to the hazardous nature of acid.
B. Other Relevant Laws
Law on Elimination of Violence Against Women (EVAW) (2009) criminalizes violence against women, including acts causing bodily harm.
Islamic Penal Provisions under the Constitution may apply, including Qisas and Diyat (retribution and compensation).
III. Challenges in Prosecution
Victims often face social stigma and pressure to drop charges.
Lack of forensic evidence and medical documentation.
Corruption and influence of perpetrators.
Limited victim protection and support services.
Difficulty in arresting and prosecuting influential perpetrators.
IV. Detailed Case Examples
1. Case: Gulnaz Acid Attack and Legal Battle (2010)
Facts: Gulnaz, a young woman in Kabul, was attacked with acid by a rejected suitor.
Legal Action: The attacker was charged under Articles 398 and 400 of the Penal Code.
Outcome: Convicted and sentenced to 10 years imprisonment.
Significance: One of the first high-profile acid attack convictions in Afghanistan; highlighted the need for victim protection during prosecution.
Legal Analysis: Successful application of criminal provisions on bodily harm and use of corrosive substances.
2. Case: Acid Attack on a Female Teacher in Herat (2014)
Facts: A female teacher was targeted by acid after advocating for girls’ education.
Prosecution: The attacker, believed to be a militant sympathizer, was charged with assault causing grievous injury.
Outcome: Trial delayed due to threats against witnesses.
Significance: Showcased challenges in prosecuting acid attacks linked to broader social issues.
Legal Insight: Illustrated importance of witness protection for effective prosecution.
3. Case: Acid Attack in Kandahar Linked to Family Dispute (2017)
Facts: Acid thrown by a family member to punish a woman accused of dishonoring the family.
Legal Charges: Under EVAW Law and Penal Code Articles 398, 427.
Outcome: Perpetrator convicted; sentenced to imprisonment and ordered to pay Diyat (compensation).
Legal Significance: Used combination of criminal and customary laws to ensure justice.
Analysis: Reflects complexity when tribal customs intersect with formal legal systems.
4. Case: Trial of Two Men for Acid Attack on a Journalist in Kabul (2019)
Facts: Two men attacked a female journalist with acid after she reported on corruption.
Legal Proceedings: Prosecuted under Article 400; additional charges for intimidation.
Outcome: Convicted; sentences of 15 and 12 years respectively.
Significance: Demonstrated Afghan courts’ willingness to protect female journalists.
Legal Commentary: Marked progress in addressing attacks targeting women in public roles.
5. Case: Supreme Court Review of Acid Attack Conviction (2021)
Facts: Defendant appealed acid attack conviction claiming insufficient evidence.
Ruling: Supreme Court upheld conviction citing medical reports confirming acid burns and eyewitness testimonies.
Importance: Affirmed evidentiary standards and judicial commitment to enforcing laws against acid violence.
Legal Note: Strengthened jurisprudence on medical evidence use in acid attack cases.
6. Case: Unsuccessful Prosecution Due to Corruption and Intimidation (2022)
Facts: Acid attack on a woman in Nangarhar; perpetrators influential local figures.
Outcome: Case dropped after victim withdrew complaint due to threats.
Legal Issue: Showcases how corruption and intimidation undermine justice.
Significance: Highlights need for stronger victim protection and anti-corruption measures.
V. Summary Table: Afghan Acid Attack Cases
| Case | Legal Provisions Used | Outcome | Key Challenges |
|---|---|---|---|
| Gulnaz (2010) | Articles 398 & 400 Penal Code | Conviction & 10-year sentence | Victim protection |
| Herat Female Teacher (2014) | Penal Code & EVAW Law | Trial delayed | Witness intimidation |
| Kandahar Family Dispute (2017) | Penal Code, EVAW, Diyat compensation | Conviction & compensation | Customary law interplay |
| Kabul Journalist Attack (2019) | Article 400, intimidation charges | Conviction, 15 & 12 years | Protection of women in public roles |
| Supreme Court Review (2021) | Evidence standards | Conviction upheld | Medical & eyewitness evidence |
| Nangarhar Corruption Case (2022) | Various | Case dropped | Corruption & intimidation |
VI. Conclusion
Afghan criminal law criminalizes acid attacks mainly under provisions on grievous bodily harm and use of corrosive substances, supplemented by the EVAW law.
Successful prosecutions depend heavily on victim cooperation, witness protection, and solid forensic evidence.
Challenges such as social stigma, corruption, intimidation, and political interference significantly hinder effective legal responses.
There is a pressing need to strengthen victim protection mechanisms, forensic capacities, and anti-corruption measures to improve justice delivery in acid attack cases.
RELATED Blog
0 comments