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Taliban legacy that broke
a proud female judge 
The Irish Times, NMov 14, 2001
What was it like for a woman before and during the years of the Taliban? One woman 
told Elaine Lafferty in Kabul about her life, then and now 
It is difficult to imagine that life was really ever very different for the women of 
Afghanistan. After all, the Taliban is gone from Kabul city, and yet one does not see 
a woman on the street without the all-enveloping blue burqa. 
When I was in Quetta, Pakistan, in October, I bought a burqa for $20 in case I might 
need it. When I returned to New York, it was passed around and tried on by friends, 
female and male, who marvelled at the sense of confinement, invisibility and 
claustrophobia it immediately engendered. 
It also became quite a party joke, so it is strange to be in Kabul and see this garb 
as something still taken seriously. This is not a stone-age city intellectually; 
beneath the burqa, one can make out women wearing sophisticated wool salwar kameez 
suits and upscale black leather shoes. Some carry urban-style handbags. 
But to get a more accurate picture of women here, you have to turn back the clock. In 
1977, 15 per cent of all legislators were women. Until the 1990s, women accounted for 
70 per cent of all teachers, 50 per cent of government workers and fully 40 per cent 
of doctors. In 1990, there were 14 women members of Afghanistan's judiciary. Shukria 
was one of them. 
"For five years before that I was an assistant to a judge," she says proudly. We are 
sitting in the offices of UNICEF, where Shukria's aunt has helped her to apply for a 
job. 
"Then I became a judge in 1990. I dealt with family law, divorces, property law and 
also juvenile justice." 
The Afghanistan juvenile justice system dealt with minors on several levels according 
to their ages. Her department dealt with with young people between the ages of 15 and 
18 years old. "Most of the charges against girls were related to sexual matters. The 
boys were accused of stealing or carrying drugs and weapons," she says. 
Shukria loved being a judge, mostly, she says, because she could help turn children's 
lives around. 
"A judge can send them for rehabilitation instead of prison. Afghans are not violent, 
no matter what people say. Most of the crimes were because of poverty and lack of 
education. Children would steal because they needed things or needed money." 
In 1996, Shukria's work life came to an end in an abrupt and brutal manner. The 
Taliban forbade women to work. I ask Shukria how it happened, how did she learn she 
was "sacked?" She is holding a file folder with her CV inside and she suddenly brings 
it up to cover her face. She cannot control the tears. 
Minutes pass before she begins to speak slowly. "I was in my office. They burst 
through the door. They were yelling, 'Who do you think you are? Who appointed you?' 
They did very bad behaviour to me. There was an old man, a guard, and they made him 
carry my things out. You couldn't talk to them. You couldn't reason with them. They 
wouldn't listen," she said. 
It is impossible not to speculate about what she means by "bad behaviour but it is 
very easy not to ask this woman, with dark haunted eyes and tears on her cheeks, any 
more about it. She was a lawyer, a judge, a proud woman, and today it is clear she is 
trying just to unbreak her heart. 
"After that I sat in my father's house for three years, sweeping the room. I worked as 
a volunteer with children, but it was a terrible time. 
We turn to the present. Shukria has prepared a series of lectures about law in 
Afghanistan for some NGOs. 
She met UNICEF director Carol Bellamy last week to offer proposals for the 
establishment of a new judicial system. She is discussing the revival of the 1964 
Constitution of Afghanistan, which granted equal rights to women. "If peace will come, 
if we have a government, then we will have good law as we used to. Judges must sit as 
judges, qualified people, not policeman or military. We have good law here, it just 
needs to be implemented." 
After talking with Shukria I go the football stadium in central Kabul. This is where 
justice Taliban-style was meted out once a month on Friday afternoons for five years. 
The accused would be presented to the family of the alleged victim, who could then 
vote to spare the accused's life. 
Few did. The judges would present the case over the loud-speakers to the 30,000 or so 
observers in the stands. Inevitably execution would be called for. Women were stoned 
to death for adultery, men's throats were slit for murder, hands were chopped off for 
theft, right there in front of the cheering crowds. 
Today the stadium is silent, the grass on the field crushed and brown. A lone soldier 
sits at the entrance peering curiously at some Western woman wandering around an empty 
field. The last execution there was in September, I am told. 
A strange graffiti is written on several of the stone walls beneath the stadium seats. 
"I love you" written in English over and over again. 
The reconstruction of Afghanistan is a daunting notion, from the repair of Shukria's 
spirit to the very idea of a building a society with liberty and justice for all. 
Elaine Lafferty is an Irish Times correspondent normally based in New York 

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