The author, an Afghan jurist, is a voice for women whose educational and professional aspirations were shattered by the Taliban's resurgence.
The presumption of innocence is a fundamental principle that underpins the right to a fair trial. While this may be widely understood as a fundamental human right, its protection is far from universal.
Since taking back control of Afghanistan in 2021, the Taliban have made systematic punishment of women and girls a core part of their governance strategy. Under the regime's rule, women are immediately viewed with suspicion and considered guilty until proven otherwise.
Before taking power, the Taliban waged an international PR campaign aimed at softening their reputation, persuading Western media to cynically assert an ultimately false commitment to fundamental rights. He even persuaded him to publish an editorial about it. As soon as they took power, they began to curtail the rights of women and girls, effectively banning their rights to work and study.
Heartbreaking scenes emerged of women and girls being kicked out of universities and schools. These photos showed many women leaving academia, but behind each of these women is a personal story of lost hope.
And most of these women and girls have never committed a crime and continue to suffer every day, literally enduring house arrest.
Heartbreaking scenes of female students crying in classrooms, leaving the university campus in pain, and looking regretfully at the university building and surroundings from behind walls have emerged in the form of videos and photos. Ta. But behind these thousands of banned schoolgirls lie stories of shattered dreams, shattered goals, and ongoing suffering. They have not committed any sin, yet they endure punishment every day.
I spoke to several women to document their struggles.
It's like we are an alien species. They take on our sins and our punishment is to be deprived of education, work, and life.
— Morsal, 19 years old
“I loved the law and believed that all members of society should study law. If everyone is aware of their rights and obligations, they will respect the law and the rights of others, and they will respect their own rights. “We will try to protect our people,” said Morsal, a young woman who was studying law at a local university before the Taliban's decision. She follows an incredibly strict interpretation of Islamic law, which means her place is her home.
“As soon as I entered my first year, I started preparing for the bar exam. I knew I wanted to apply to study the judiciary after graduation.”
Morsal worked tirelessly toward his goal of becoming a judge. As a woman, she believed, she was in a position to bring justice to society. However, due to repeated crackdowns on women's rights, the Taliban shut down the university and Morsal's aspirations were plunged into darkness.
“After hearing about my ban from university, I was isolated and depressed for a month. I couldn’t eat or sleep well. “The memories came flooding back to me, and tears unconsciously flowed down my face,” Morsal said.
She described a mental health crisis and said she tried to cope with a period of dissociation by documenting her previous life. She said, “I tried to get my transcripts to confirm the truth of the two years I studied, but the Taliban refused to let me enter the university gates.''
Morsal reflects on what he learned in his law class. “We studied laws that promote women's rights, gender equality, and justice. The Taliban regime has implemented these laws in an effort to ignore women's rights and prevent women from participating in social activities and the justice system. The principle has been violated.”
In particular, she is haunted by the loss of her dream of becoming a judge. “Women are currently excluded from Afghanistan's courts, unable to access justice or protect their fundamental rights. Their absence from today's court system will lead to grave disasters in the future. There is a possibility.”
Nothing lasts forever. This period of struggle may bend me, but it cannot break me.
— Sadia, 20 years old
When the Taliban took power, Sadia was an aspiring doctor at Kabul Medical University. In her recent interview, she talked about her experience when she found out that her university's ban was affecting her and her female classmates.
“One night in December 2022, around 10pm, I was studying for my second semester final exam when I received a message containing a photo of an ordinance written in Pashto.Female student After reading this heartbreaking news, I felt lost and overwhelmed. I didn't know what to do.
For people like Sadia, who had worked hard to pursue her dream of studying medicine at Kabul University, the announcement caused panic and shock. “I felt like a complete failure, like I was drowning in a sea of sadness. I tried to hold back the tears, but it was impossible. I cried until almost midnight, unable to study or sleep all night. I couldn't even do it. It was an incredible feeling to find myself in a space with no hope or escape.”
“The next morning, I went to university, where everyone told me that it was my last day, and I realized that I could not go back and continue my studies. Some of my friends were in tears, but given the nature of medicine, Some friends remained hopeful that it might be temporary, especially for medical students.
Despite the Taliban's strict orders, Sadia remained hopeful of returning to university. “As a second-year medical student, I attended classes regularly and devoted myself to my studies, envisioning myself becoming a doctor and treating patients in the near future.There were restrictions such as wearing a black hijab. Even though it was frustrating, going to university was full of joy.”
Against the backdrop of Taliban oppression, Sadia has found solace and motivation in her own ways, such as reading Maya Angelou's poetry.
You might shoot me with your words,
You could cut me with your eyes,
You can kill me with that hatred,
Still, like air, I rise.
— Maya Angelou
Their tenacity is inspiring as we mark the third anniversary of the Taliban's resurgence, and three years since so many dreams were shattered. But something has to give. Historically, universities, like the Taliban, have been breeding grounds for revolutions aimed at dismantling oppressive regimes. The Taliban understands that Afghan women, educated about freedom and democracy, will not be willing to accept being stripped of their rights and punished for no reason. They anticipate resistance and foresee the possibility of a revolution led by educated women who will fight the ongoing gender apartheid and defend the rights of millions of people.
As a result, they closed the doors to universities, effectively cutting off women's access to education and eliminating the possibility of educated women shaping the future of Afghan society. This deliberate act aims to suppress the potential for a progressive and inclusive society to emerge from within Afghanistan.
The author is an Afghan jurist but cannot be identified due to security threats.
The opinions expressed in the JURIST Commentary are the sole responsibility of the authors and do not necessarily reflect the views of JURIST editors, staff, donors, or the University of Pittsburgh.