Is Sex Toys Legal in India?
Sex toys have become increasingly popular in recent years, with more people embracing their sexual preferences and desires. However, the legality of sex toys in India is a topic of much debate and confusion. In this article, we will explore the laws surrounding sex toys in India and whether they are legal or not. Firstly, it is important to note that there is no specific law in India that prohibits the sale or use of sex toys. However, there are several laws that could be interpreted to suggest that sex toys are illegal.
Section 292 of the Indian Penal Code (IPC) criminalizes the sale, distribution, and exhibition of obscene objects, including those that are "lascivious or appeals to the prurient interest". The definition of what constitutes an "obscene object" is subjective and can vary from case to case. Therefore, it is possible that sex toys could be considered obscene objects and hence be illegal under this section.
Similarly, Section 377 of the IPC criminalizes "carnal intercourse against the order of nature", which has been interpreted to mean any sexual activity that is not heterosexual intercourse for the purpose of procreation. However, in 2018, the Indian Supreme Court struck down this section as unconstitutional, decriminalizing homosexuality in India. Therefore, this section does not apply to consensual sexual activities between adults.
Despite the lack of specific laws regulating sex toys in India, there have been cases in which individuals have faced legal action for selling or using them. For example, in 2018, the police in Mumbai arrested a couple for possessing and selling sex toys. The couple was charged under Section 292 of the IPC for selling "obscene" objects and were fined Rs. 5,000 each.
However, there have also been cases where the sale and use of sex toys have been deemed legal. In 2017, the Delhi High Court ruled that the sale of sex toys was legal as long as they were not marketed as remedies for sexual dysfunction or disease. The court also noted that sex toys were "an aid to sexual wellness" and that their use was a matter of personal choice.
Despite the lack of clarity surrounding the legality of sex toys in India, they continue to be sold and used across the country. Online retailers such as Amazon and Flipkart sell a range of sex toys, and there are also several
