translation has surfaced problems of interpretation, creating a perception that extended relationships with
cousins related by blood are also covered in the definition of incest. These relationships have not been
recognized in the definition of incest.
h. GBV against Girl Children
A specific gender neutral offence of cruelty to minor children under 18 years (S. 308 A(1)) was introduced
in the Penal Code in 1995. The offence can cover forms of GBV including coerced sex, and sexual violence
against girls, even if it is not specifically mentioned. However this attracts a lower sentence than in other
cases of sexual violence (a minimum of 2 – 10 years). (S. 308 A (2)). The definition of cruelty is wide
enough to indicate that the offence can be used to penalize customary practices such as denial of essential
nutrition and food during menstruation, and female genital mutilation when it is practiced in some Muslim
communities. Since these practices are not specifically mentioned, cultural norms in these communities
may not be challenged by using these legal norms and standards, which are meant to implement children’s
right to protection from sexual and other forms of violence and abuse.
Violence against girls is covered by the Penal Code general offences on sexual violence discussed earlier.
However other offences on sexual exploitation also applicable to children, apply to girls. Offences on sexual
exploitation of children (S. 360 (B)) and exploitation of children in pornography and obscene publications
apply to girl children. (S. 286 (A)(1995) and S. 286 (A)(2)(3) as amended (1998)). This law was further
strengthened by an amendment of 2006 which added provisions to cover duties of persons providing
computer services to prevent sexual abuse of a child. (S. 286 (B)). Failure to inform of uses of premises for
child abuse is an offence. (S. 286 (C)).
i. Sexual Harassment
The Penal Code of 1995 repealed the earlier law which incorporated the concept in nineteenth century
colonial law of “offending the modesty of a woman.” S. 345 of the old Penal Code was therefore repealed,
and a new offence of sexual harassment introduced into the Criminal law.
Sexual harassment is defined in S. 345 by incorporating the concept of assault or use of criminal force
in offences of physical violence, though it is defined by the objective, which is harassment of a sexual
nature. Causing sexual annoyance by using words and action is also included in the definition of sexual
harassment. An explanation clarifies that “unwelcome sexual advances by words or action used by a
person in authority in a work place or any other place can constitute sexual harassment.”(Explanation 1).
The words “any other place” is wide in scope and goes beyond sexual harassment in the workplace when
there is proof of abuse of authority. The definition of the offence clarifies that it is not considered trivial
but an infringement of the right to bodily integrity, personal dignity and autonomy, free of gender bias and
discrimination.
The offence has been defined broadly enough to cover the kind of sexual harassment that occurs in
public places, public transport and workplaces. It appears to also cover cyber violence through misuse
of the internet, since “causing sexual annoyance” and “unwelcome sexual advances by words or action”
is included. However lack of clarity in this regard makes prosecution more difficult than if this area was
covered specifically.
A sentence of imprisonment of up to 5 years can be imposed for the offence of sexual harassment.
COMPENDIUM ON LAW, GENDER BASED VIOLENCE AND REPRODUCTIVE RIGHTS
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