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

assault’, which covers additional forms of sexual abuse, including non-penetrative sexual
contact.
5.2.3 Sexual exploitation in pornography
Legislation addressing pornography is found in the Indecent Representation of Women
(Prohibition) Act 1986 (IRWPA), some provisions of the Penal Code 1860 and the
Information Technology Act 2000. The legislation inadequately covers the full range of
pornographic activities; focuses on the impact of obscene publications upon public morality
rather than on the abuse and exploitation perpetrated in the production of pornography; does
not distinguish between pornography produced using children or using adults; and
discriminates against men and boys.
The IRWPA protects the integrity of women and the public in general by forbidding
production and distribution of materials that are “…likely to deprave, corrupt or injure the
public morality or morals”, 238 but it does not address the sexual abuse and exploitation
inherent in creating pornography. The term ‘pornography’ is not used in the Act. In its
definition of “indecent representation of women”, the effects of pornography upon the victim
are limited to “being indecent, or derogatory to, or denigrating women”. While girls may be
included in the definition of ‘women’, boys are not.
The provisions of the IPC relating to pornography reflect its 1860 genesis. They address
protecting the public from the sale and distribution of materials that are ‘lascivious’ and may
“tend to deprave and corrupt persons” who encounter them. At the same time, the IPC is
superior to the IRWPA 1986 in that it addresses one of the forms of child sexual abuse by
prohibiting the sale and exposure of pornographic materials to young people. The Young
Persons (Harmful Publications) Act 1956 prevents the publication and dissemination of
publications, with or without pictures that are harmful to young persons. 239 The act does not
discriminate regarding offences committed against boys or girls. However, the crime carries
minimal penalties.
The primary purpose of the Information Technology Act 2000 is to regulate, license and
ensure copyright protection for the information technology sector, and its attention to
pornography is slight. It simply adds materials ‘in electronic form’ to the language of
previous acts, repeating the same moral reasoning of the IRWPA and IPC regarding the
danger of ‘lascivious’ materials that may “tend to deprave and corrupt persons”. 240 It does not
define child pornography, address the abuse and exploitation perpetrated during the
production of pornography or remedy the exclusion of boys from the IRWPA. The Offences
Against Children (Prevention) Bill, in preparation, would include punishable offences for
using children in the production of pornography.
238 Indecent Representation of Women (Prohibition) Act 1986.
239 Young Persons (Harmful Publications) Act 1956
240 Information Technology Act 2000, section 6
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