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Broken bones test: Taliban’s new code sanctions domestic abuse

The Tribune Editorial: Silence on women’s rights would erode India’s credibility as a democratic power.

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THE report that the Taliban has effectively legalised domestic violence — so long as there are no “broken bones or open wounds” — marks a chilling new low in Afghanistan’s descent into gender apartheid. By codifying cruelty and raising the evidentiary bar beyond reach, the regime has transformed private abuse into state-sanctioned impunity. The rollback of protections once available under the 2009 law is not merely legal regression; it is a declaration that women’s bodies and freedoms remain subject to patriarchal control. When victims must prove visible injury, often in courts structurally tilted against them, justice becomes theatre. The message is unmistakable: violence is tolerable, so long as it does not leave marks too obvious to ignore. Equally troubling is the code’s discriminatory structure of punishment. The same offence can invite sharply different consequences depending on the offender’s social standing — religious scholars and elites reportedly facing lighter treatment than those from lower social strata. Such stratification hollows out the very idea of equality before law and entrenches hierarchy as a legal principle.

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This development comes as sections of the international community, including India, deepen pragmatic engagement with Kabul. New Delhi has reopened channels, upgraded its diplomatic presence and continued humanitarian assistance. It is a realistic approach driven by security concerns, regional stability and the welfare of the Afghan people. Yet engagement cannot mean endorsement. India has historically positioned itself as a supporter of education, pluralism and development in Afghanistan. That legacy now demands moral clarity.

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Silence on women’s rights would erode India’s credibility as a democratic power. Strategic interests and ethical commitments need not be mutually exclusive. Humanitarian aid, trade links and security cooperation can continue. But, alongside, advocacy for inclusive governance and basic human dignity is needed. When injustice is written into law, indifference becomes complicity.

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