Introduction:
Spawning is a congenital biological activity, but sex education still has to face significant and traditional societal limitations. This same enigma goes on to the limit of the legality of sex toys in our nation, INDIA. There is no specific law that directly addresses its legality; legal clarity remains always on the move. Even with a reported surge in sex toy sales during the COVID-19 pandemic. It is making more of a confusing state about importing and purchasing them. The fear of customs notices or even legal repercussions is also there. This blog will explore the accessible legal options and considerations on this specific topic.
What about the legality of sex toys in India? Or is it illegal just in our society's eyes?
It is a confusing tale of whether adult toys are legal or illegal in our nation. Because of the lack of clarity of knowledge on this topic, it often leads people to fear that there will be a disaster of legal consequences if they are in any way involved in the matter of importing sex toys, or if they have been found in possession of the same. It is very much clear to all that using sex toys in privacy is not against the law, and in this same topic the Calcutta High Court has clarified that in the personal use of sex toys, there was no legal violation or obscenity in using such items in private. These provisions only apply if there is something related to vulgarity or the illegal aspect; those provisions restrict the display of such items in public. Under Indian law, whether a product is inherently obscene determines its acceptance. For instance, there is a very recent clarification of the Bombay High Court on this topic that a body massager was not a sex toy. However, using sex toys in public or displaying the same may attract the clutches of laws and you will be in need of a criminal lawyer to guide you further in the process.
Can someone order sex toys online in India?
There is no one who will prohibit you from buying adult toys online, not even law. Yet, there is no harm of being cautious regarding the way through which the items are being ordered. Using a website for ordering adult toys!? Do not forget to make sure that it is a legitimate or authentic website, and also to make sure that the packaging does not violate the rules and regulations regarding immorality. In short, the visuals and illustrations on the packaging should not address anything inappropriate that will be against the laws.
Importation of Adult or Sex Toys and Customs Laws Regarding It:
For conservation of security, conservation of public order, and the quality or standards of appropriateness and morality in India, there is a guideline, or call it a provision, given under the “Customs Act,” which allows the Central Government to forbid the import or export of specific goods. The capable officer is further allowed to seize such goods which are forbidden for import due to being - for example “obscene book, pamphlet, paper, drawing, painting, representation, figure or article”. As for the category of sex toys or pleasure devices, they are sometimes called massagers. Packaging here gives the most important definition on whether the import of sex toys may attract legal outcomes based on obscenity.
Custom Notice for Pleasure Toys:
If a person gets a show cause notice that a forbidden tool was received in his or her name and seized, they will of course get a chance of a hearing before the one who is in power. They need to make sure that they are in possession of an item, a copy of the invoice, and details of the bank transaction regarding the import of the said item. While the hearing will go on, if it is proved that it was a forbidden tool, they may have to face a penalty for the act. But if it is proved that the same tool that was confiscated was not in violation of any laws, it may be released by the Customs authorities. Hence, we know that the import of sex toys is not per se illegal; it is advisable to buy such items in India meant for personal use, wherein discreet packaging is the rule.
Concluding Part:
While the buy-in of sex toys is not clearly forbidden under Indian law, it exists in a legal uncertainty where circumspection by customs officials can heavily influence outcomes. No one wants to get confiscation or customs notices. It is better to buy such products from verified websites, which ensure the carefulness of the packaging so it could be free of nudity or obscene imagery, and also categorize those objects appropriately, frequently as massagers or medical devices. Nevertheless, even after trying all the precautionary measures, legal drawbacks may cause a downfall, for which a legal assistance is essential to understand the technicalities and protect one's rights.
OLQ is a Pan-India-based law firm connecting legal expertise nationwide.
