23
CHAPTER III
LEGAL ANALYSIS OF BACHA-BAZI AND SOCIAL REACTIONS
3.1. Bacha-Bazi in Afghan Criminal Code
To realise the perception of Bacha-Bazi in Afghani Criminal Code the basic meaning of
Bacha-Bazi within the nation has to be recognized and discussed in this segment of the research
first. In some parts of Afghanistan group of certain people individually keeps one to two boys
aged between 10 to 18 years for the purpose of sexual exploitation and other sexual harassment
and this overall system and practice is called as Bacha-Bazi within the nation (Carlson, 2012).
The children who are victims of Bacha-Bazi in Afghanistan generally belong to poorer families
who are employed to richer people within the nation for various paid jobs and these kinds of
children often fall victims of Bacha-Bazi or sexual abuse. The general professions for which
children are hired by richer people are bakery management, shop operator, hotel and restaurant
staffs, home servant, etc. It is not mandatory that all these children are hired in terms of paid jobs
but there are several others who are forced to agree for doing these works depending threat,
intimidation, coercion, enticement and trickery. The worst part with Bacha-Bazi in Afghanistan
is that many of the boys are hired by richer people with predetermined intentions of sexual abuse
and they are literally forced to dress like girls and perform dance in front of several people
(Jones, 2015). One most important factor which is considered to be the reason for the increasing
practice of Bacha-Bazi in Afghanistan is illiteracy people. According to recent surveys it has
been observed that almost 81% of the parents of the children who are victims of Bacha-Bazi are
illiterate and that is why they are not able to claim for the justice (Goldstein, 2015). It has also
been observed that the increasing practice of Bacha-Bazi in Afghanistan is also being triggered
by the illiteracy of the perpetrators as according to surveys almost 58% of the perpetrators of
Bacha-Bazi are illiterate (Jones, 2014). After the clear illustration of the basic concept of Bacha-
Bazi it is now easier to discuss the contexts which describe the consideration of Bacha-Bazi in
criminal codes of Afghanistan.
24
It should be mentioned first that there is no clear definition and specific provision of
Bacha-Bazi in Afghan laws and criminal codes. As Bacha-Bazi is related to the practice of
sexual abuse and exploitation of children it is a contrary factor to the provisions of Afghani
Constitution and enforced laws. Subsequently, this contradiction in the Afghani legal system
gives the perpetrators with greater opportunities for violating the right of these children towards
human dignity. However, it should be mentioned that Afghani Law and Constitution has laws for
preventing rape and pederasty within the nation (Jones, 2015). May be the Afghani Law and
Constitution does not have specific criminal code for preventing the practice of Bacha-Bazi but
in the article 427 of the Afghani Criminal Law activities like rape and pederasty described to be
a serious criminal offence and long term imprisonment has been mentioned as a punishment for
the perpetrators in this kind of cases (Carlson, 2012). Hence, it could be said that although there
is no certain criminal code in Afghanistan to define Bacha-Bazi as a crime but there are legal
provisions for claiming justice against this practice. It should be mentioned that article 427 in
Afghani Criminal Law considers sexual abuse and exploitation as the aggravating condition
based on some certain situations, such as victim is a child, perpetrator is a near relative or third
degree relative to the victim and if perpetrator is a teacher or servant as well. Hence, it could be
realised that Afghani Law and Constitution clearly states Bacha-Bazi as a aggravating criminal
offence depending on its article 427 but it does not have any certain and specific legal provision
against it (Goldstein, 2015).
However, it should also be mentioned that there are some gaps in the article 427 of Afghani
Criminal Law for giving adequate protection to all children from Bacha-Bazi. Article 427 in
Afghani Criminal Law ids objected to protect children from sexual abuse and exploitation.
However, Bacha-Bazi is a much bigger aspects than sexual abuse and exploitation only (Erdogdu
et al 2016). Bacha-Bazi includes others forms of sexual harassment and practices like forcing to
dance in public and private ceremonies, forcing for giving physical massage and many others.
Hence, article 427 of Afghani Criminal Law is only able to prevent Bacha-Bazi in terms of rape
and pederasty but other forms of Bacha-Bazi are not restricted by the Afghani Constitution and
Law. Thus, it is a significant gap in Afghani Criminal Law which does not prevent various
abusive p[racti8ces related to Bacha-Bazi and subsequently the occurrence of this ill-treatment
towards children is day by day increasing within the nation (Jones, 2014).
25
3.2. Consent and Coercion in Bacha-Bazi
Consent and coercion are two aspects related to Bacha-Bazi which describes the forces for
which children in Afghanistan are becoming victims of this sexual abuse and exploitation. In
English language, the word ‘consent’ refers to the positive response of permission of person for
something to happen or agreement for doing something (Carlson, 2012). In case of Bacha-Bazi
consent refers to the agreement of a child and his or her family members for allowing a
perpetrator to make the kind do all the ill-treatment related to the practices of Bacha-Bazi in
return of valid amount of money or other assets. The most significant factors which are
triggering the consent of children and their families in Afghanistan to make their children
participate in Bacha-Bazi are illiteracy and poverty. According to recent survey 68% of the
Bacha-Bazi victims within the nation accepted the fact that they took money in return of the
sexual abuse and exploitation done by their respective perpetrators (Ajmera & Fields, 2016).
Even, according to recent survey, dance of children in public and private ceremonies and
relevant sexual abuses are becoming common in Afghanistan and even some parents are
selecting it as a profession for their children being driven by severe poverty. According to the
recent surveys almost 87% of the children within the nation who are victims of Bacha-Bazi never
attained school in their lives (Goldstein, 2015). Hence, it is very evident that consent towards
facing sexual abuse and exploitation depending on Bacha-Bazi is increasing in Afghanistan due
to the increasing poverty and illiteracy within the nation and subsequently, poverty and lack of
proper education system for Afghani children belonging from poorer families could be identified
for the reasons of encouraging consent towards Bacha-Bazi (English, 2016).
On the other hand, in English language the ‘coercion’ means the actions which force
someone to do something specific depending on threat or other forces. In case of Bacha-Bazi
coercion refers to the approaches of socially and economically powerful perpetrators to force
children and their families depending on threat and power for participating in the practices of
Bacha-Bazi (Franks, 2013). In recent surveys it has been observed that almost 8% of the total
perpetrators of Bacha-Bazi in Afghanistan are socially and economically highly powerful which
provide then with greater strength and position in the society (Ajmera & Fields, 2016). Due to
the dominating social and economic position of these perpetrators they often lead to treat
Dostları ilə paylaş: |