POLITICS OF POLICY AND LEGISLATION AFFECTING WOMEN IN AFGHANISTAN:
ONE STEP FORWARD TWO STEPS BACK

Sarfraz Khan*Samina**

Abstract

This article attempts to chart and discuss policies and legislation affecting status of Afghan women, decreed or enunciated during various Afghan regimes prior to 9/11, 2001. Woman has been point of hot contention between warring segments of Afghan society, therefore, to understand underlying politics shaping policies and laws become imperative. We have arbitrarily subdivided Afghan regimes into the Royal, Republican, Democratic Republic, Mujahideen and Taliban. Afghan social and political life in general and gender relations, in particular, have been largely regulated by tribal customs and traditions, including Pukhtunwali. The article argues that development of policies and legislation concerning status of Afghan women has been paradoxical: in case of one step taken forward, two steps in retrogression followed, due to politics of Afghan central state authority, peripheral tribal resistance/autonomy, religion, external imperial and neighbouring regional forces.

Key Words: Afghan Woman, legislation, tribal tradition, volvor, bride price, confinement

Introduction

Since inception of the modern state of Afghanistan, in 1747, internal, external expeditions, tribal revolts and rivalries, and efforts of Afghan rulers to consolidate power prevented institution building and policy formulation. Women, the embodiment of tribal Afghan honour, have always been considered politically, socially and culturally one of the most sensitive issues. Hence, a tendency to relegate issues concerning women to the private sphere has been witnessed and the central state remained reluctant in interfering in personal/family/tribal affairs. However, policies and legislation concerning women have been serving as one of the most important professed causes behind toppling and/or installing various Afghan regimes. Therefore, formulation and effective implementation of policies and legislation elevating status of women have always been a challenging task in Afghanistan. Nonetheless, various Afghan regimes have been formulating policies and laws favorably/adversely impacting the status of Afghan women.
 Amir Abdur Rahman (r. 1880-1901), though known as the Iron Amir, had been the first Afghan ruler who attempted to restrict unbridled patriarchal authority over women. He issued decrees relating bride price, child marriage, widow’s rights to inheritance and second marriage, woman’s right to divorce under specific circumstances and claim mahar, dower. He tried to replace tribal customs, oppressing women, with sharia. Subsequently, King Amanullah (r.1919-1929) initiated education and emancipation of Afghan women by converting Afghanistan into a modern secular nation state. King Amanullah was toppled by Bacha-e-Saqao, who not only arrested but rather reversed this process of women’s emancipation. Zahir Shah’s regime opened door of higher education for Afghan women and created space for greater participation of women in social, political and economic affairs. For the first time in Afghanistan, women were granted right to vote and enter parliament. Mohammad Daud overthrew monarchy and promised removing oppressive patriarchal relations between men and women. He promulgated laws and policies to: secure women’s rights to consent to marriage, education, divorce and custody of child; allow women to join all walks of life including judiciary, academia, police and armed forces, etc. Taking forward the agenda of women’s rights, People’s Democratic regime abolished bride price, created equal job opportunities, implemented intensive literacy programs, founded organizations and associations to promote women’s rights. Mujahideen stalled all progress, and Taliban not only reversed but intensified confinement and oppression of women.

Period of Royal Regimes

Amir Abdur Rahman, in his autobiography, condemns Afghan customary laws considering woman not only husband’s property, but also of his entire family, thus, entitling husband’s next of kin to marry his widow, even against her will. Since return of widow back to paternal house or to wed outside husband’s kin symbolizes disgrace. Declaring such customs against Islam, the Amir decreed, “the moment a husband dies, the wife is free, and she cannot be forced to marry anyone against her wish.” He banned child marriage i.e., wedding tender girls, before the age of puberty and granted the right to accept or dissolve such marriages, after girls’ coming of age. A right to divorce was granted to woman, in case, “her husband is cruel to her, or does not pay her expenses, she can sue him to give a sufficient alimony or to give her divorce.” He also attempted to put a ceiling on bride price, stipulating, rupees 1000-3000 and 300-900, for members of the royal family and others respectively. Still, men restricted women’s mobility and expression, since, “the honor of the people of Afghanistan consists in the honor of their women,” observes Nancy Dupree.
Amir Habibullah (r.1901-1919), Amir Abdur Rahman’s son, attempted to limit extravagant expenses incurred upon marriage, one of the major sources of indebtedness and usury in Afghanistan. He placed a varied ceiling on the amount to be spent upon marriage, of various classes. He introduced modern, scientific western education by founding Habibia High School, in 1903, in Afghanistan, prepared ground for emergence of liberal and secular thought that contributed towards women’s emancipation. Sanction of return from political exile of Mahmud Beg Tarzi (1865-1933), one of the pioneers of women’s rights in Afghanistan, also contributed in this regard. With Habibullah’s support, Tarzi began publishing a biweekly liberal, reformist and nationalist newspaper, Siraj-ul-Akhbar, the Light/Torch of the News, from October 1911 to January 1919. In Siraj-ul-Akhbar, Tarzi devoted a supplement to women’s issues entitled, “Naamwaran-i-Zanan-i-Jahan ‘Celebrated Women of the World’. His wife, Asma Rasmiya Tarzi, edited the supplement and countered perceived inferiority of women, citing instances of women playing important roles in history. Tarzi advocated women’s right to education, however, maintained that woman’s primary role is motherhood.
King Amanullah assumed power following the assassination of his father Habibullah, and tried to transform Afghanistan into a modern secular state. He outlined and pursued an ambitious reform plan for emancipation of women, discouraged polygamy and veiling of women. He was assisted in his endeavor of women’s emancipation by his wife, Queen Soraya, father in-law, Mahmud Tarzi, mother-in-law, Asma Rasmiya Tarzi, sisters, Kubra and Siraj-ul-Banat. He issued a decree abolishing slavery, in 1920. The decree freed women of concubinage, requiring upper class men to either marry their concubines or free them unconditionally. He promulgated family laws, termed Nizamnamah-e, Nikah arusi, wa Khatnasuri (Law concerning Wedding Contract and Circumcision), in 1920, to discourage volvar, bride price, child and forced marriage, however, it lacked effective enforcement mechanism. Another Nizamnamah-ye-Arusi, Khatnasuri promulgated, in 1923, discouraged extravagant wedding expenses, polygamy, child and forced marriages. It also prohibited volvar, swara, marrying women to settled feuds and clear debts and the custom to wed widows to relatives of the deceased husband. Article 4 of the Nizamnamah recognized woman’s right to choose spouse without parents’ interference. Nizamnamah-ye-Arusi contributed towards improving position of women in Afghan society; it allowed the state to regulate marital and family problems adversely affecting women, earlier dealt by clergy. King Amanullah, in 1923, promulgated first written constitution in Afghanistan, Nizamnamah-ye-Asasi-e-Dawlat-e-Aliyah-e-Afghanistan. Article 10 of the Nizamnamah-ye-Asasi stipulates that no man or woman can enslave another. Article 14 stipulates that every Afghan subject have the right to free education. Article 16 of the Constitution granted equal rights to all Afghan subjects.
Amanullah promoted female education and established first Maktab-i-Masturat, School of Girls, named Esmat, in 1921, later renamed Malalai. In Kabul, by 1927, there were three primary girl schools and one middle girl school. Amaniya School, founded in 1922, began co-education in 1928. The first women weekly Irshad-e-Niswan, the Women Guide, was founded, in 1921, under patronage of Queen Soraya. With Amanullah’s support, his sister Kubra established Anjuman-e-Himayat-e-Niswan, The Women’s Solidarity Association, in mid 1920s, aimed at mobilizing women to protest injustices perpetrated by husbands, brothers or fathers. A hospital named Masturat was also opened for women during Amanullah’s regime. In 1924, a revolt in Khost area, led by local mullahs, in the name of religion broke out against Amanullah’s reforms and modernization. A Loya Jirga held, in 1924, found policies regarding women’s rights and status to be one of the major causes of this revolt. It is estimated that 800 girls attended schools in Kabul during 1920-28. Another 28 young Afghan women were sent to Turkey to complete secondary education by King Amanullah, in 1928.
In 1928, Amanullah held a Loya Jirga to propose further reforms including: obligatory monogamy for government employees; fixing minimum age of marriage; promoting education of women; abolition of veil (purdah); wearing western dress in public, in Kabul; and increase in land revenue. However, none of these reforms could materialize; rather Amanullah had to revoke some of the earlier reforms, following an armed uprising by conservative tribal chieftains and clergy, in 1928. Though, the uprising primarily originated due to historical tension between central national authority and tribal autonomy, however, capitalized upon policies of Amanullah, relating women’s emancipation. Copies of Queen Soraya’s picture, published in various European newspapers, wearing a low cut gown, were circulated to sway people’s emotions. King and Queen were blamed of undermining Islam and promoting western culture.  
Habibullah, a Tajik bandit, known as Bacha-e-Saqaw, ‘Son of the Water Carrier’, seized power from Amanullah, and ruled from January to October, 1929. His nine months rule was marked by plunder, torture, extortion and anarchy. All schools were closed and laws facilitating polygamy were reinstated. Veiling and seclusion were re-imposed upon women. Bacha-e-Saqaw formed a council, Majlis-i-Tanzimia-i-Islamia, the Muslim Administrative Council, to run the affairs of the government. His former outlawed, bandit companions with offices in the administration were let loose to plunder people, since there was no law to be observed and no limit to be kept.
Both, external and internal factors, contributed to the failure of Amanullah and his reform agenda. The British always suspected Amanullah of interfering in the tribal areas of British India. They feared that a stable and militarily strong Afghanistan could destabilize tribal areas on the British Indian side of the border. Amanullah too always aspired to integrate Pukhtun area controlled by the British with Afghanistan. In the Anglo-Afghan Treaty of 1921, he demanded control in the tribal area along the Indian side of the border. In 1923, he held a tribal Jirga in which he gave money and encouragement to rebellious tribal leaders from the Indian side of the border.
Afghans, Soviets and some other European press accused British of supporting Bacha-e-Saqaw against Amanullah, in circulating pictures of Queen Soraya, and blocking tribesmen from the Indian side to go to the aid of Amanullah. Printing and circulation of queen’s pictures from foreign sources had been considered as evidence of British efforts to destabilize the Afghan monarchy. Amanullah requested British help, they, instead used print media to inflame religious sentiments of the masses against him and widely publicized edicts declaring Amanullah a Kafir, infidel. Clergy, on payroll of the British, launched a Jehad against Amanullah to protect Islam. Internally, Amanullah had challenged traditional Afghan power brokers i.e., tribal chiefs and clergy, despite lack of a strong and organized army. Some of his social reforms, especially educating and emancipating women, were far too radical keeping in view, frozen in time, tribal patriarchal of Afghan society. Clergy was able to arouse tribesmen against Amanullah in the name of honor and Islam. Amanullah underestimated power of the tribal chiefs and influence of the clergy. Defeat of Amanullah’s social and political reforms may be located in historical tension between central national authority and peripheral tribal power.
 Mohammad Nadir Shah, a general of Amanullah’s army, overthrew Bacha-e-Saqaw in October 1929. After assumption of power, he immediately declared wearing veil for women obligatory, closed schools for girls, recalled all female students studying abroad and reinstated the practice of polygamy. Nadir Shah banned the sole newspaper at the time published by Afghan women. In 1932, Nadir Shah prohibited marriage of a Muslim woman with a non-Muslim man. He stepped slowly and cautiously towards modernization, once he consolidated power. He opened and renamed Amaniya School as Nijat School and re-opened Malalai School in 1931, however, to avoid hostility of clergy, transformed it to a nursing school.
In November 1933, Zahir Shah ascended to Afghan throne following the assassination of his father, King Nadir Shah. Gradually but cautiously, he formulated progressive policies and laws to: protect women’s marital rights; increase women’s mobility, visibility, education, employment and participation in politics. The Marriage Law, Usulnama-i-Marasam Nikah Urusi wa Khitnasuri, 1934, prohibited extravagant spending on marriage rituals, Nikah required consent of both the spouses. It disapproved bride price, however, did not effectively limit or ban it. The Marriage Law, 1949, unequivocally forbade all payments by the groom or his relatives, in lieu of bride price except mahar. The law also prohibited extravagant expenses on birth, circumcision, marriage and burial rituals, however, lacked effective implementation strategy. The marriage law, 1960, banned marrying girls to settle blood feuds and in return of loan. It defined 15 years, not legally binding, age of marriage, disapproving child marriage. The law did not stipulate any legal consequence in case of violation. The marriage law, 1971, stipulated consent of both the spouses obligatory for Nikah.
King Zahir Shah established a few more girls’ schools and encouraged employment of women in teaching and healthcare professions. It was during his reign, in 1941, that first secondary girls’ school was established in Kabul. In 1946, ‘Women Welfare Association’ was established. The association offered courses in reading, writing, cooking, knitting and sewing to women above school age. The society also worked towards raising consciousness of Afghan women through conferences, periodicals, theatre and educational films. In 1947, Afghan government founded a Women Teachers’ Training High School, whose graduates were appointed teachers in primary schools. By 1948, number of female students rose to 8,625, still constituted mere 8.7 % of male students. By1954, there were 663 male and 16 female schools in Afghanistan Due to gender stereotyping boys and girls were instructed in different courses. From class 1-6, boys studied Natural Science, girls, Hygiene, Child Care, Housekeeping, Cookery, Sewing and Knitting. At higher secondary level, beside other courses, girls were instructed Sewing and Drawing; whereas boys, Economics and Sports. At grade 10 and 11, girls could opt for Teachers Training or Home Management courses. Kabul University, founded in 1932, officially inaugurated in 1946, was open to both male and female students.

Table 1: Distribution of Boys/Girls Schools and Teachers, 1954.

Source: The Royal Afghan Ministry of Education.

Prime Minister Sardar Mohammad Daoud (1953-63), Zahir Shah’s uncle, formulated several pro-women policies and laws. He encouraged women to join public offices; employed a number of women as; airhostesses for Aryana Afghan Airline, receptionists and telephone operators at the Tele-Communication department and other institutions also voluntary unveiling of women. Upper class women and students quickly abandoned chadar. Ladies of royal family and wives of officials appeared unveiled at the military parade on Independence Day, August 18, 1959. In 1957, Afghanistan sent a women’s delegation to attend a conference of Asian women in Ceylon and also a woman delegate to the UN, in 1958. Daoud tried to extend emancipation of women to areas beyond the capital Kabul, too. On his visit to Kandahar, he encouraged wives of civil service personnel and other women to discard veil. Opposing his modernization drive, people in isolated areas beat to death women without veil, however, government firm in its resolve punished culprits in such cases by imprisoning them.
In 1964, the King appointed Kubra Noorzai and Masooma Wardaki to a 29-member Constitutional Advisory Committee to review the Draft Constitution prepared by the Constitution Committee.  Four women were appointed to Loya Jirga that deliberated upon the promulgation of the Draft Constitution. The 1964 Constitution granted women right to vote and enter parliament. Space was created for social and political organizations of women, Dr. Anahita Ratibzad founded Democratic Organization of Afghan Women (DOAW), in 1965, to politically mobilize Afghan women and struggle against illiteracy, forced marriage and bride price. Women became cabinet ministers; political advisor and members of the Senate during 1965-1972.


Table 2: Gender Composition in Afghan Parliament and Cabinet 1965-72

 
In 1965 election upper and middle class women contested and were elected to Wulesi Jirgah, parliament: Ruqia Abubakr and Dr. Anahita Raitbzad from Kabul; Khadija Ahrari from Herat; and Masuma Esmati Wardak from Kandahar. Homeira Seljuqi and Aziza Gardizi became members of the Senate. Two women were appointed cabinet ministers. Kobra Norzaye served as Minister of Public Health from 1965-67 and again from 1967-1969; and Shafiqa Ziayee, Minister without portfolio and political advisor, in 1971-72.

Republican Regime

Afghanistan was declared a Republic in July 1973, following a coup by former Prime Minister, Mohammad Daoud Khan, against King Zahir Shah. A liberal nationalist, he declared himself President of Afghanistan and at the very outset professed to remove "unjust patriarchal feudalistic relations between husband and wife." Recognizing women’s right to self-determination, he pledged equality of men and women before law, universal, free primary education for all male and female children.
In 1977, President Daoud introduced a civil code including a comprehensive family law: defining 16 years minimum age of marriage for girls and 18 for boys; granted both men and women the right to choose their spouses, and permitted a couple to marry despite family opposition. Though the code granted men exclusive right of divorce, however, women were allowed to seek divorce under specific conditions. A woman could file a divorce petition in circumstances wherein the husband: had an incurable disease; refused or was unable to support financially; was imprisoned for long period; secretly married another woman or treated her with cruelty. Regarding child custody, the code stipulated that a divorced   mother could hold custody of a boy up to the age 7 and a girl to 9; the period could also be extended to another 2 years by the court in the best interest of the child. President Daoud also established a Family Court and appointed women judges in Kabul, Herat, Kandahar, and Kunduz.
President Daoud tried to develop female human resource pool, encouraging women to enroll in institutions of higher learning and take up jobs in public and private sectors. Women were not only elected to both houses of the parliament, but also recruited in judiciary, academia, police and armed forces. Consequently, general attitude towards women’s presence in the public sphere began to change too. 

Table 3: Distribution of Schools and Students in Afghanistan, 1974

To mark ‘Women’s Year’, 1975, President Daoud founded Kumita-e-Ensijam-e-Zanan, the Women’s Coordinating Committee (WCC), to elevate status of Afghan women and facilitate their participation in the public sphere. WCC adopted a multipronged strategy, working in collaboration with several women’s organizations to improve the status of Afghan Women. The objectives of WCC included: collecting data on issues and problems of all strata of Afghan women, both in the private and public spheres; identifying causes of illiteracy and develop appropriate literacy programs; raising awareness about social rights and roles of women as citizens and mothers; Promoting principle of equal rights of men and women; Campaigning against polygamy; Amending laws to include civil rights of women; Publishing material on Afghan women’s struggle for equal rights and works of women writers; providing legal aid to women in need. The committee created a huge body of literature regarding role of women in Afghan society and disseminated through radio, newspapers and periodicals. The government supported Afghan Women’s Institute (earlier known as Women Welfare Association), to organize conferences, lectures and seminars to promote health, education and social status of Afghan women.  WCC mobilized society around women’s issues using newspapers and radio.
In 1976, the president appointed 12 women to a Loya Jirga to deliberate upon the formulation of a new constitution. In Election 1977 four women were elected to the legislative assembly. The 1977 Constitution declared that "the entire people of Afghanistan, women and men, without discrimination have equal rights and obligations before the law."

Peoples Democratic Regime

On 27 April 1978, Peoples Democratic Party of Afghanistan (PDPA), assumed power following a military coup (Saur Revolution) and declared Afghanistan a Democratic Republic, (DRA). Noor Mohammad Tarakai (r. April 1978-September 1979), Secretary General of PDPA became President, Prime Minister and Chairman of the Revolutionary Council. Babrak Karmal became Deputy Prime Minister and Vice-Chairman Revolutionary Council. PDPA immediately initiated social, political, economic and gender reforms. Tarakai declared, “without the participation of the toiling women no great movement relating to the toiling masses has achieved victory, because women form half of the society.” He also decreed, “the People’s state not only protects the women’s movement but will also carry on intensive and effective struggles to equalize the rights of women with those of men. Afghan women from now on are free in the real sense of the word and have equal rights with men.” Declaring equality of women and men in social, political, economic, cultural and civil spheres, the state appointed Dr. Anahita Ratibzad, Minister Social Affairs and Tourism. An ardent supporter of women’s rights, Anahita Ratibzad eagerly worked to promote women’s rights. DOAW led government’s programs for education and emancipation of Afghan women. It operated literacy centres, promoted cottage industry and provided financial assistance to women. Due to differences within Khalq and Parcham factions of PDPA, the ministry of Social Affairs was dissolved. Minister Anahita Ratizbzad was dismissed and eventually DOAW renamed as Khalq Organization of Afghan Women (KOAW).
Tarakai regime declared female education compulsory and launched an intensive literacy program to increase female literacy. It established National Agency for Campaign Against Illiteracy (NACAI) and demonstrating commitment to extend literacy campaign to women, appointed Dilara Mahak, President of KOAW, its Vice-Chairperson. In 1979, the regime had established 600 literacy centres, providing literacy trainings to18000 women.
In October 1979, State issued ‘Decree No.7 Concerning Dowry (Mahar) and Marriage Expenses’. The decree comprising 7 articles, addressed a number of women’s issues including; bride price, minimum age of marriage and consent to marriage. It banned: exchange of money or commodities for a girl during wedding rituals; receipt of gifts from the bridegroom or his family on special occasions; fixed: ten dirham=300 Afghani as Mahar, following Sharia; 16 years minimum age of marriage for girls and 18 for boys; made consent of girl and boy obligatory for engagement/marriage and abolished the custom of marrying a widow to brother of deceased husband. Violators were liable to be punished with 6 months to 3 years imprisonment and confiscation of money or commodity exchanged. The decree, however, neither addressed issues of child custody or polygamy, nor women’s right to divorce.
The most controversial aspect of Decree No.7 had been fixing the maximum limit of Haq Mahar 300 Afghani, the amount to be paid to woman in case of dissolution of marriage. According to Raja Anwar, “(T)he trade in women was perhaps the greatest tragedy of Afghan society,” approved by all classes and tribes. Bride price and extravagant wedding expenses were often the major cause of debts and impoverishment. Afghans consider bride price symbol of woman’s chastity and social status of a family. Even women often take pride in huge bride price and sarcastically called those opting decree marriages Seh-Sadi (worth three hundred). The decree was received favorably in Kabul, enabling, for the first time in Afghan history, young men and women freely choose spouses.  In rural areas, marriage, was not an individual but family affair, and often decided in a Jirga. Moreover, woman had been widely considered private property of man, therefore, considered decree an intrusion into man’s private possessions and life.
Due to Khalq-Parcham factionalism in PDPA; power struggle within Khalq faction between Noor Mohammad Tarakai and Hafizullah Amin resulting into assassination of Noor Mohammad Tarakai; and the ensuing turmoil; Soviet troops entered Afghanistan, in December 1979. Babrak Karmal, with Soviet Support, became the President of Afghanistan and took steps gradually towards reforms and gender equality. Declaring women’s participation and contributions in the public sphere indispensable to the progress of the country, the state restored DOAW and appointed Anahita Ratibzad Minister of Education and member of the Revolutionary Council. Women were also appointed to government offices including army and police. Labour law, 1984, ensured equal job opportunities for men and women: granted women workers three months paid maternity leave and provided crèche facilities at workplace for breast feeding mothers. In 1986, the state claimed that 22, 000 women are engaged in production; 11000 in education and 5000 in armed forces. According to a UNESCO report, 1985, female enrollment, since 1976 increased, from 20% of the gross enrollment to 30-40%, in 1985. With government support, Anahita Ratibzad, formed Women’s Councils in the capital and provinces to promote social and political activities amongst women. In 1984, DOAW claimed to run 532 literacy courses in Kabul, with 6, 193 women; 11 courses in Doshi (a district of Baghlan province), with 114 women; 53 in Parwan, with 412 women. In 1986, UNESCO awarded medal and diploma to Afghanistan on its achievement in education.
In 1987, Dr. Najibullah, after the assumption of power, expanded the role of DOAW to include intensive literacy and skills training courses for women and awareness raising campaigns. Article 38 of the constitution 1987 stipulates that citizens, both men and women, of the Republic of Afghanistan have equal rights and duties. Through the National Commission for Eradication of Illiteracy, the government set up literacy courses in state departments, institutions, factories, residential areas, villages, and amongst peasants and craftsmen. To depoliticize DOAW, its name was changed to All Afghan Women’s Council and Ferozah Fedai was appointed its president. In 1987, DRA claimed to have provided literacy training to 1.7 million people and enrolled women, as far as Badakhshan, Paktia and Kunduz, in midwifery and literacy courses. Earlier, there had not been a single literate man or woman in the remotest village of Yamit, Wakhan district of Badakhshan, still 35 women passed literacy course. State committee for physical education encouraged women’s sports activities, and the country had national women badminton and basketball teams. Women not only served in education and health sectors, but also printing, publishing and textile industries, construction plants, food factories, bakeries and armed forces. They were promoted to high positions, for instance, Dr. Sohela Sadiq, working in the Academy of the Medical Sciences of the Armed forces ascended to the rank of a general.
 Due to civil war and fundamentalist pressure, following the withdrawal of Soviet forces, PDPA adopted a policy of national reconciliation and changed its name to Hezb-e-Watan. The agenda of Afghan Women’s Council (AWC) was made less political and more social and service oriented, i.e., to provide legal and social assistance to poor Afghan women. In an attempt to dismantle the image of mobilizing revolutionary women, Dr. Najeeb supported moderate women’s movement. He appointed non-party members to public offices, such as; Saleha Farouq Etemadi, Minister of Social Security; Masuma Esmati chairperson of AWC and Minister of Education.  
DRA mobilized women against class and gender hierarchy, included women in policy making, created job opportunities, developed female resource pool, recruited females not only in the Women’s Councils, but also youth wing of the party, established family courts presided by women judges. It also focused on mobilization of women from the working class. When Peoples Democratic regime collapsed in 1992, 50% of the students and 60% of the teachers at Kabul University were women, 70% of all school teachers, 50% of civilian government workers, and 40% of the doctors at Kabul, were women. During these years, women gradually enjoyed much more personal freedoms and rights. However, most of these advances were limited to women living in Kabul and other major cities. Most of the rural areas still remained backward and women continued to be oppressed, treated as property rather than human beings with equal rights. In rural areas, women, social workers, and in western clothes, were harassed and attacked.
In April 1980, girls were mobilized against the Peoples regime through a letter, supposedly written by an Afghan girl studying in Moscow, alleging that she along with other 8 Afghan girls was forced to cohabit with animals in an experimental laboratory to engineer a new hybrid race.  If Soviets were not pushed out of Afghanistan, all Afghan girls will meet the same fate, the letter claimed further. Photocopies of the letter were distributed through girls’ educational institutes, to incite anti-government demonstration disrupting life in Kabul for 3 days. Two girls were killed in police firing during chaos. Fundamentalist backlash of clerics and hostile international climate defeated process of women’s emancipation in Afghanistan. Fall of PDPA can be attributed to several local, regional and global factors including; rivalry between two opposing socialist and capitalist blocks; tension between tribal autonomy and central state authority; divisions within PDPA, role of Pakistan, Saudi Arabia and Iranian fundamentalists.

Mujahideen Regime

Mujahedeen, captured Kabul in April 1992 and various factions remained in power till 1996. They immediately instituted a Ministry for the Promotion of Virtue and Prevention of Vice in 1992. The Supreme Court decreed an ordinance on veiling on August 27, 1993, urging “that God’s ordinances be carried out immediately, particularly those pertaining to the veiling of women. Women should be banned from working in offices, and radio and television stations, and schools for women, that are in effect the hub of debauchery and adulterous practices, must be closed down.” It further ordained that: Women should not step outside home, unless absolutely necessary; in case of pressing need for going out, they must get the permission of husband and are to cover themselves completely. They must not: wear attractive clothing, perfume; jewelry, shoes making noise or inviting attention; walk gracefully, with pride, in the middle of the sidewalk; talk to strangers; speak loudly or laugh in public. However, Mujahideen did not strictly follow those edicts and women continued working in education, health and social sectors.  Rabbani government recognized women’s right to work and was willing to send a delegation of Afghan women to the UN Fourth World Conference on Women. However, later gave in further in face of fundamentalist pressure and forbade 12- member Afghan women delegation to attend the conference.            
Various Mujahideen factions soon indulged in power struggle to control Kabul and other major cities, ensuing civil war resulted into destruction of schools, hospitals, libraries and infrastructure. Frequent attacks on residential areas brought nightmare to Afghan women. Warring armed militias, having allegiance to various Mujahideen leaders, used to enter houses to kill, rob and rape women. They abducted, forcibly married, detained for sexual purpose and even sold women into prostitution. Women workers, students and ethnic minorities were specifically targeted. When Gulbadin Hikmatyar became the Prime Minister of Afghanistan, he imposed harsher restrictions on women, his party, Hizb-e-Islami, stoned to death women even in suspicion of adultery.

Taliban Regime

Taliban took over Kabul in September 1996, and closed girls’ schools immediately, declaring obligatory veiling of women. They forbade women to work outside home and cover face or wear hejab. Renaming the country as the Islamic Emirate of Afghanistan, they established Department of Promotion of Virtue and Prohibition of Vice with unbridled authority in the name of preventing evils and enforcing right Islamic behaviour. Radio Sharia used to announce decrees regarding women daily. Deploring denial of rights to women granted by Sharia, Mulla Omar vowed to restore these rights. In August 1998, he issued a decree that banned giving away women in Swara to settle blood feuds. He also banned forced marriage of a widow to husband’s relatives, terming it un-Islamic. Mullah Omar, Amir of Taliban, reportedly said, “A woman’s face corrupts men.” He immediately banned stepping out of women without mahram, male escort, besides making obligatory use of veil to cover face while outside home. The Department of Promotion of Virtue and Prohibition of Vice forbade: shopkeepers to sell goods to unveiled women; women to sit in the front seat of a vehicle or hiring taxi without a mahram; inviting women to hotels and wedding parties in hotels. In case of violation, the shopkeepers, drivers and hotels had to face serious repercussions. They also forbade collection of fare from women, even in public transport, by an adult male, only minor below 10 years of age could perform this task. In other words, child labour was promoted. Taliban also set rules for the State hospitals and private clinics based on so-called Sharia: Female could only consult female doctors; in case a female patient needed a male doctor, she was to be examined only in the presence of male mahram; both, female patient and male doctor, were to be dressed according to Sharia; male physician could not touch or see other parts of female patients except the affected one. Waiting rooms for female patients should be appropriately designed and female patients should be attended by a woman attendant only. These rules also forbade entry of male doctor into rooms/wards of female patients without calling; female doctors to wear stylish clothes and make up; female doctors and nurses to enter the room or ward of male patients.  Sitting together of male and female doctors was strictly forbidden, in case of discussion, they were to follow appropriate hijab. A woman found inappropriately veiled or washing clothes in the open was to be taken home with respect, however, her husband and/or other male relatives were to be punished. During Taliban era, women were not allowed to work, but beg. Many women lacking male providers resorted to begging and sex work. Many educated women including former teachers, doctors, office workers, denied work, were compelled to beg.
The oppressive regime of Taliban was toppled by US led international coalition, following September 11, 2001, attacks on twin towers in New York and the subsequent declaration of ‘War on Terror’. Hamid Karzai was appointed Chairman of an interim administration in an agreement concluded at Bonn. He was later elected president of the transitional administration by a Loya Jirga, in 2002. A new Constitution was adopted and Hamid Karzai was finally elected president in 2004. The new Constitution granted women a number of rights which is beyond the scope of the current article. However, Taliban frequently attack girl’s schools and women health centres. In their latest endeavor against Afghan women they stoned to death Rokhsana aged 19-21accuseing her of adultery in Taliban controlled area of Ghaur valayat.

Conclusion

Formulation and development of policies and legislation concerning women, beginning with the era of Amir Abdur Rahman till Taliban, in Afghanistan, have been paradoxical. If Afghan state took one step forward to improve status of women, two steps had to be taken back due to local, regional and global forces. In pursuit of ideological and expansionist interests, regional and global forces, often, supported and/or opposed warring Afghan segments of population including clergy, tribal chieftains and progressive nationalist, liberal intelligentsia.
Throughout the ages, policies and legislation concerning women in Afghanistan revolved around the issues of: bride price, child and forced marriage, widow’s right to consent remarriage; right to divorce, child custody, education, work, political participation and representation. In the absence of legislation by State, Afghans either resorted to tribal practices or depended upon local clergy for guidance in matrimonial, familial affairs. Hence, rights of Afghan women oscillated between tribal customary practices and religion. Amir Abdur Rahman’s Royal State intruded into the domain of both clergy and tribal codes and limited absolute authority of man over woman’s body, mobility, work, even life and death. In opposition to rigid tribal customary practices such as; valvor, swara, forced marriage of widow to relatives of deceased husband, religion, was used to provide concessions to women on such issues. Amir Abdur Rahman, in the name of Sharia, banned child marriage, recognized widow’s right to remarry of her own accord, and granted woman limited right to divorce.
Further, evolution of modern state was attended by progressive women friendly policies and legislation by discouraging polygamy and veiling of women; encouraging consent to marriage and promotion of female education. King Amanullah banned commodification, i.e., concubinage, and enacted legislation against bride price, child and forced marriage. Local clergy and tribal chieftains, aided and abetted by the colonial British Indian government, revolted against Amanullah. Ensuing chaos wreaked by Bacha-e-Saqaw, resulted into complete reversal of pro-women policies and legislation leaving women at the mercy of clergy and tribal practices. Royal state of King Zahir Shah legislated to ban Swara, limit expenses on marriage, obligatory consent of both the spouses for Nikah andgranted women right to vote and enter parliament.He also promoted female higher education, training, employment, social and political mobilization. Women not only joined political parties, entered the parliament and cabinet, but also judiciary, academia, police and armed forces. Republican state of President Daoud also promulgated progressive legislation by fixing minimum age of marriage, granting women right to divorce and child custody. Multipronged strategy to promote women’s rights beginning with research to identify women’s problems and propose legislation; awareness raising on women’s issues and rights; skill training was adopted to increase opportunities for women. The 1977 constitution declared women equal to men before law. Subsequently, Peoples democratic republican state of PDPA constituted gender equality in social, political and spheres, an integral part of its reformist political agenda. Intensive literacy program was launched by establishing literacy centres in far flung areas of Afghanistan. The state abolished bride price, promoted consent marriage and fixed haq mahar, encouraged women in higher education, public offices, social production, armed forces and sports activities, granted paid maternity leave and crèche facilities. Mujahideen regulated women’s mobility, dress code, discouraged women’s employment in offices and TV, nonetheless, did not strictly adhere to those edicts and women continued working. Taliban, though, had an explicit anti-women agenda, reversed all previous advances, by imposing segregation, confinement, and denied women right to education, health and work. Even they had to ban swara and forced marriage of widow to deceased husband’s relatives. Authority to regulate women’s mobility, dress code etc., traditionally vested in men and tribal codes, Taliban instead transferred to and institutionalized authority of clerics over women.
It is evident from the above that anti-imperialists and Afghan nationalist state promoted women’s rights by taking a step forward; while Afghan tribal chieftains and clergy, with the support of imperialist/regional forces reversed women friendly policies and legislation, taking two steps back.
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