In South Asia, laws frame young people as incapable of making decisions about their bodies and rights. They are often labelled as vulnerable and in need of control, protection, or surveillance. Exploration of diverse gender and sexuality by young people often attracts protectionist responses from the law that limits the agency of young people. Young people are frequently viewed as recipients of protection from Gender-Based Violence (GBV) but not active participants in determining the nature of that protection. Even when they are not completely ignored, few platforms take their voices seriously or allow them to contribute meaningfully to the discourse.
In November 2023, during the 16 days of activism campaign, CREA organised an important webinar that marked a significant departure from this norm by allowing young voices to be heard. The webinar, entitled “Flaws in Laws: Re-thinking how we speak about GBV: Centering Young People’s Perspectives,” provided a rare and crucial platform for young activists from five South Asian countries—Bangladesh, India, Nepal, Pakistan, and Sri Lanka—to voice their unique perspectives and experiences regarding GBV.
Punishing young people for exploring their sexuality comes from the belief that it’s wrong, especially for girls, to do so outside of marriage. This belief shapes the attitudes of lawmakers and those who enforce laws, like the police, often with the support of family members. Statutory rape laws, which assume that young people cannot consent to any sexual activity, and deem all sexual activity with a young person as a criminal offence, is an example of such a protectionist law. These restrict young people from accessing sexual and reproductive health rights such as access to condoms, abortion services or even information regarding safe sexual practices. Further, intersectional challenges such as a lower caste identity, disability, etc. compound their experience of limited access to information and agency.
The panellists at the webinar included activists from YUWA (Nepal), Oboyob Diversity Circle (Bangladesh), the Youth Advocacy Network of Sri Lanka, the YP Foundation (India), and the Forum for Dignity Initiatives (Pakistan). Moderated by Shelani Palihawadana of the Youth Advocacy Network of Sri Lanka, the panellists shared their insights on how GBV affects them and the limitations of current legal frameworks in addressing their needs. They spoke of how protectionist legal responses – those that impose strict regulations and controls based on patriarchal, heteronormative systems- often fail to safeguard young people’s rights and autonomy. Rather than protect young people, these laws end up exacerbating the vulnerabilities of sexually and gender-diverse youth, as well as those with disabilities.
The webinar was built on CREA’s new publication, “Flaws in Laws: Challenging Criminalisation of Young People’s Sexuality,” which was supported by CMI!. Both the publication and the webinar are integral components of CREA’s broader efforts to challenge responses to young people’s bodily autonomy and look beyond punitive responses in our efforts to eliminate GBV. By sharing their personal stories and experiences, the panellists demonstrated the urgent need to reframe GBV discussions from a protectionist approach to one that puts them in the centre and takes them seriously.
Notably, during a meeting of the Child, Early and Forced Marriages and Unions (CEFMU) and Sexuality- Working Group, a representative from Girls Not Brides praised the webinar, stating,
“CREA’s Flaws in the Laws webinar in South Asia was jaw-droppingly fabulous. They couldn’t have been more intersectional if they tried.”
This is one of the seven stories we have published as CMI! Stories of Change 2023 under the #FundWhatWorks campaign. The stories portray how activists and organisations worldwide are working to advance human rights and gender justice.
