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

exploitation. The legal definition of a child is problematic in much legislation and varies
according to gender in some countries.
Laws pertaining to sexual exploitation in South Asia are constrained by the interpretation of
sexual exploitation either in the context of trafficking or in the context of brothel-based
prostitution, neither of which are generally applicable to the sexual exploitation of boys. At
the same time, definitions of ‘trafficking’ and ‘prostitution’ are inadequate in almost all
legislation and often fail to make a clear distinction between children and adults. Antitrafficking
laws in South Asia afford little protection to boy victims of sexual exploitation.
Trafficking laws criminalize acts of physical coercion such as ‘abducting’, ‘buying’,
‘transporting’ and ‘selling’, which don’t easily apply to boys. Legislation in most countries
contains no reference to forcing a victim into prostitution by grooming and psychological
coercion, peer influence, taking advantage of the child’s vulnerability or coercing the parent
or guardian. 87 At the same time, the crimes encompassed in legislation on prostitution are
generally limited to brothel-based sex work, which fails to adequately address prostitution on
the street or in the workplace, which is the situation for many boys.
The body of legislation addressing sexual abuse in all countries is fragmented and scattered
among numerous laws. No country in the region has legislation that fully encompasses the
multiple forms of sexual abuse, including indecent touching, rape, sexual harassment and
molestation, using indecent sexually explicit language towards a child as well as indecent
exposure of sexual activities and showing children pornographic material. The Penal Codes
of Bangladesh, India and Pakistan do not address the sexual abuse of children as a separate
offence, and many crimes against children are adjudicated under adult law. Most countries
identify and punish only a few forms of sexual abuse. Comprehensive laws on sexual abuse,
with clear definitions that are in accordance with the definitions in international human rights
standards, are needed in all countries.
The gaps in legislation on sexual abuse have a significant impact on boys. Few national legal
systems recognize the rape of boys, and in countries that retain the British Penal Code, the
definition of rape is limited to vaginal penetration, although in some cases amendments have
remedied this gap. At the same time, there are severe laws against anal intercourse, and child
victims of ‘sodomy’ are frequently treated as criminals. In several countries of South Asia,
the police use antiquated sodomy laws to punish homosexual behaviour. Afghanistan,
Pakistan and Sri Lanka all have laws forbidding ‘immoral’ sexual practices, and the police
frequently use these laws to punish boys sexually exploited in prostitution and homosexuals.
In July 2009, the Delhi High Court in India declared Section 377 of the Indian Penal Code,
criminalizing ‘unnatural sexual acts’, to be unconstitutional regarding consenting adult
partners.
With some interpretation, laws forbidding the rape of boys as well as other forms of sexual
abuse such as sexual harassment and molestation can be found in the legislation of most
countries. However, these laws are seldom used on behalf of sexually abused boys. Very few
87 According to international human rights standards on human trafficking, the requirement of consent is
irrelevant regarding persons under the age of 18 years. This follows from the UN Palermo Protocol art. 3,
however, this is not established within national legislation of some countries in the region.
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