SEXUAL ABUSE AND EXPLOITATION OF BOYS IN SOUTH ASIA A ...

woman or animal…’ 354 However, while this could be applied to the perpetrator, it is
frequently applied to the child victim as well, and it is used to criminalize consensual sex
among homosexuals.
There is no separate law or reference in legislation that addresses child sexual abuse by a
family member, nor is there legislation in use that specifically criminalizes child sexual abuse
by those in care or authority, such as police and care providers. However, such offences may
be tried under the Hudood Ordinance.
7.2.3 Sexual exploitation in pornography
The legislation on pornography is primarily found in the Penal Code 355 and does not include
electronic, audio or simulated images. The legislation does not distinguish between adult and
child pornography, nor does it address the sexual exploitation inherent in the production of
pornography. Pakistan’s legislation is therefore inadequate for addressing many aspects of
pornography, child pornography in particular. Developed in the nineteenth century, the Penal
Code is primarily concerned with protecting the public from the dangers of exposure to
indecent literature and artwork. Photographs are not mentioned, though they may be included
under ‘obscene…representations’. Children are protected from exposure to obscene materials
under another provision that forbids the sale of obscene objects to persons under 20 years. 356
Although research has shown extensive exposure of children to Internet pornography, 357 it is
not addressed by present legislation.
7.2.4 Other forms of sexual exploitation
7.2.4.1 Prostitution
Laws that criminalize prostitution do not distinguish between adults and children. Children
forced into prostitution are treated like adults in the legal system and considered perpetrators
rather than victims. While prevention of prostitution is noted in Clause 37 of Pakistan’s
Constitution, 358 legislation specifically outlaws the prostitution of women and girls, but not of
boys. Although earlier laws provided children some protection from sexual exploitation,
much of this protection was removed by the Hudood Ordinance, which supersedes other
legislation.
The Pakistan Suppression of Prostitution Ordinance 1961 outlaws the institution of
prostitution, forbidding brothels (whose definition according to Section 2(a) of the Ordinance
includes “any […] place in which a prostitute resides or carries on prostitution or any place or
354
Pakistan Penal Code, Section 377.
355
Pakistan Penal Code, Section 292.
356
Pakistan Penal Code, Section 293.
357
Paediatric Society of Pakistan and Save the Children Sweden, 2001, ‘Exposure to pornography in Internet
cafés’.
358
UNESCAP, Government of Japan and NCCWD, 2001, ‘Sexually abused and sexually exploited children and
youth in Pakistan: A qualitative assessment of their health needs and available services in selected provinces’.
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