Taliban Criminal Code Institutionalises Inequality, Deepens Afghan Rights Crisis – New Legal Framework Grants Unequal Justice, Restricts Women and Emboldens Corporal Punishment

In Kabul, Afghanistan – Afghanistan’s Taliban-led administration has implemented a controversial Criminal Procedure Code, signed by Supreme Leader Hibatullah Akhundzada, that enshrines a class-based justice system and expands legal discrimination against women, children and marginalised groups, prompting widespread condemnation from rights groups and legal experts.

Under the new regime, official judicial procedures now incorporate explicit social stratification, privilege religious and elite classes with lighter sanctions, and impose harsher punishments including corporal punishment on the lower classes.

Human rights defenders warn the code legitimises what critics call “unequal justice”, and argue that it formalises violence against women and children by setting higher burdens of proof for domestic abuse and limiting women’s independent legal standing.

Legalising Inequality: What the New Code Says

The new criminal code, which experts say runs to more than 100 articles, replaces ad-hoc regulations the Taliban previously enforced by decree and seeks to codify broad aspects of criminal justice. Independent analysis shows the most contentious elements embed hierarchical classifications of citizens from religious scholars and elites to middle and lower classes with different punishment scales for the same offence depending on a person’s social designation.

Critics note that under the code:

• Religious authorities and societal elites receive warnings or nominal sanctions for misconduct, while middle and lower classes face summons, imprisonment or corporal punishment under discretionary ta’zir rules.
• Corporal penalties such as flogging remain legally permitted, and courts across Afghanistan have continued to issue lashings for offences ranging from theft and “illicit relations” to drug-related charges, often in public.
• Provisions related to domestic violence narrow the scope for prosecution: a husband’s violence may only attract criminal proceedings if the victim can show severe visible injury, and even then, the maximum prison term cited in some cases may be as little as 15 days.

Rights observers and legal analysts have also raised alarm that the code’s language implicitly recognises slavery-like statuses, rolling back decades of legal progress and human rights norms by using terms such as “slave” and “master” in provisions that define criminal classifications.

According to one human rights activist quoted in international reporting, the penalties for animal cruelty are sometimes harsher than those for severe domestic abuse under the new code a point that has resonated globally as shorthand for the perceived imbalance in legal priorities.

Women’s Rights

The code arrives against a backdrop of ever-tightening restrictions on women in Afghanistan since the Taliban regained power in August 2021. Prior decrees and rules have banned women from secondary and university education in many areas, restricted employment opportunities, and limited freedom of movement often requiring male guardian consent for travel and other basic activities.

Afghan women’s groups have denounced the penal code for institutionalising violence and discrimination, arguing that it signals a shift from arbitrary repression to legally sanctioned inequality. In statements circulating in January and February 2026, organisations such as the Women’s Movement for Peace and Freedom described the code as a tool for “normalising crime and repression” and urged global accountability measures.

International human rights organisations, including Afghan watchdogs, have also criticised the code for violating basic principles of due process, eroding the rule of law and granting clerics and judges expansive discretionary powers with little transparency or accountability.

In response to mounting concern, some governments have already acted. For instance, Canberra has imposed targeted sanctions and travel bans on Taliban officials over the deteriorating human rights situation, emphasising the connection between legal discrimination and tangible oppression of women and girls.

Enforcement and Public Punishment: A Growing Crisis

The introduction of the code has coincided with an increase in public corporal punishment across Afghanistan. Data compiled from official Taliban court statements shows that in recent months, dozens of individuals — including women have been flogged for offences ranging from theft and alcohol consumption to “illicit relations” and drug-related charges.

Human rights activists argue that these punishments clearly contravene internationally recognised standards on humane treatment and due process. The United Nations has repeatedly urged the Taliban to halt such practices, but the administration defends its actions as compliant with its interpretation of Islamic jurisprudence.

Observers also warn that the punitive environment created by these laws is not limited to direct punishments but forms part of a broader campaign of intimidation limiting personal freedoms, particularly for women and minorities.

Looking Forward: Legal, Social and Moral Implications

The enforcement of this criminal code marks a significant shift in Afghanistan’s legal landscape, intertwining rigid social hierarchies with punitive measures that many legal scholars contend undermine core human rights principles. The institutionalisation of such norms, they argue, signals a move away from universal justice toward an explicitly discriminatory system.

For Afghan citizens especially women and marginalised communities the immediate implications are severe. As publicly flogging continues and legal protections shrink, many human rights defenders fear the code will further entrench fear, social exclusion and systemic abuse under the guise of law.

International actors have several potential levers including sanctions, diplomatic pressure, human rights monitoring and conditional aid but the challenge remains complex. The Taliban’s insistence on framing its governance in religious terms complicates dialogue with democratic governments and multilateral institutions committed to universal human rights standards.

The Logical Indian’s Perspective

At The Logical Indian, we believe that justice, dignity and human equality are foundational to any society aspiring to peace and prosperity. Laws that codify inequality, diminish the rights of women and vulnerable groups, or sanction violence under the banner of tradition or religion not only contradict universal human rights norms but also erode the moral fabric of a community.

The world has watched Afghanistan struggle through decades of war and political upheaval. Yet the promise of peace should never come at the cost of basic human freedoms.

We must advocate for legal systems that protect the vulnerable, promote equality before the law and uphold the inherent dignity of every person irrespective of gender, class, religion or social status.