legality of sex toys in India

Is selling of sex toys online in India illegal?

Legality of Sex Toys in India

Let’s talk about the legality of sex toys. Now a days, sex toys in India are being openly sold online through e-Commerce website. However, still it is unclear whether it is legal or illegal to sell sex toys in India. Adult toys may violate the obscenity laws thus can come in the grey area of law.

Section 292 – Law prohibiting the sale of sex toys in India

As per the Section 292 of Indian Penal Code, 1860 deems the sale, advertisement, distribution and the public exhibition of obscene books, sketch, drawing or any other “Obscene” Object, Illegal.

Obscenity is a criminal offense under India law which is punishable with imprisonment and fine or both.

In spite of this law, for a long time, adult lifestyle products and sex toys have been sold in the grey market of India by street vendors.

One could easily buy sex toys as they are so accessible and easy to find in Delhi’s Palika Bazaar or Mumbai’s Crawford market.

Now a days, the online sale of sex toys in Mumbai, Delhi, Kolkata, Jaipur, Pune, Noida, Bangalore, Chennai and in other cities of India, is increasing day by day.

IMbesharam, which aims to be known as the ‘Merchants of Kama Sutra’, is a US company which sells adult lifestyle or sexual health products online, such as sex toys, kits, edible underwear, lubricants, condoms, dildo, vibrator etc., claims that it complies with all existing regulations.

The Sale of Sex Toys in India

In the last few years, e-commerce segments have exploded in the sale of adult or sex toys varying from all kinds and type of them.

According to the survey, most of the sex toys in our country are bought by men, i.e. 65% whereas only 35% are purchased by women community.

Conclusion

In 2011, The Calcutta High Court addressed the issue whether sex toys sold in India comes under the charges of “obscenity”. The Court held that the charges on obscenity cannot be held as they were not legally sustainable. Just because the toy brings out sexual desires, it cannot be labeled as ‘obscene’.

Source: 1 & 2

 

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