Most of the people of India have this question that sex toys are legal in India or not?
Before answering this question you have to undertstand what indian laws says
IPS Section 292 states
THAT THE SALE, ADVERTISEMENT, DISTRIBUTION AND THE PUBLIC EXHIBITION OF OBSCENE BOOKS, SKETCH, DRAWING OR ANY OTHER “OBSCENE” OBJECT IS ILLEGAL.
So, India does NOT have SPECIFIC laws to regulate adult toys or sexual wellness products. We have a general law for obscenity. More over this law was in effect since independence and at that it regulate obscenity in books and in paintings.
For an object to be considered “OBSCENE”, it has to have a tendency to “corrupt” or “deprave”. Note that these terms are very vague. An object could be resembling genitals but it could be meant for clinical purposes. Anything that touches the genitals automatically becomes “obscene”? That is some top quality BS
In the case before Calcutta High Court, it was categorically held that import of articles relating to adult use or pertaining to sex cannot be held as obscene merely because of its nature. In the court’s words, “In our opinion, an article or instruction suggesting various modes for stimulating the enjoyment of sex, if not expressed in any lurid or filthy language, cannot be branded as obscene. Acquisition of knowledge for enjoyment of sex through various means is not by itself a prohibited activity, provided it is not done through obscene language or pictures. The concerned items are meant for adults and as such their importation for restricted sale to adults only should not be considered to be on the wrong side of the law”
It is ridiculous that this has to specified to the population of a country that is the LARGEST CONSUMER OF PORN, the nation that gave birth to the Kamasutra!
So, it all comes down to the marketing of the products, the specific sex toy and whether a court will define it as “obscene”. Basically, sale of adult toys is not illegal as long as it does not involve obscene pictures or language, for instance, the packaging should not depict nudity.
However, as of September 2018, the Supreme Court declared that any consenting sexual activity between adults is not a criminal act, which means that sex toys can no longer be said to “aid or abet” an illegal activity. THANK YOU, SUPREME COURT.
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