Laws relating to rape in South Asia: a comparative analysis

While laws relating to rape place women at a disadvantaged position due to the influence of gender based stereotypes, rape laws in some South Asian states completely exclude rape when it is perpetrated against men or transgender people as a result of gender specific language in the statutes. Where this is the case, rape against men or transgender people is prosecuted under colonial sodomy laws which also criminalize same-sex sexual relations.

This paper discusses laws relating to rape in Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, and Sri Lanka with particular reference to the implications of gender specific provisions. The paper also examines possible law reforms which can address disparities in the treatment of men and women in Sri Lanka.

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