Sex Toys: An Ethico - Legal Conundrum

ABSTRACT

The topic which we are discussing today is of very much concern right now. Every sphere is getting influenced by it, be it market, education system or the influence on the health of the people concerned. And it is also important to accept the fact that once influenced with some practice, it’s quite difficult to renounce the same. This trend of using objects for sex pleasure, majorly by youth is having both negative as well as positive side effects.

One part of the population is using it for relieving their stress & the other is becoming addicted to the same. Due to which the society isn’t able to normalize in this regard. The way things are presented before society, the negative aspect is highlighted the most. Hence, it becomes important at times to look at what we are saying and what we are presenting.

INTRODUCTION

Sex toys, as the words suggest are objects used for sexual satisfaction and pleasure. These are such things which are expected to provide a type of comfort to the user sexually. Their design is in such a form that it attracts the concerned group of people towards it, which can be seen through the data provided by various competent reports published in this regard. In India too, the market and demand for such things is on a rise which shows that the mindset of people is changing towards it. 

In India there are certain specific rules framed for regulating the trading of such things. It is prohibited to sell these to the children (prescribed limit in the law framed).  

There is a section in the Indian Penal Code, 1860 which mentions provisions regarding illegal trading of obscene material or sex toys. And if there is any situation which is not clearly mentioned in our statutes or governing regulations, then it is at the discretion of the court to decide the matter and provide the judgment for it.

POINTS TO REMEMBER

1. The usage and selling of these sex toys in the country like India is legally as well as morally very sensitive. Because the culture and values of our country might not accept the same. 

2. The values are the ones, which everyone requires to follow at the place where he/she resides. And values differ from place to place. This concept of using sex toys for pleasure is not that usual in our country, so, yes awareness is required but the basis behind these restrictions is also somehow logical and essential.

3. The market of sex toys is on a rise in India. Yes, in both the sections concerned, i.e. men and women, so, the reasons about the same should be looked upon.

4. Obscenity, which is being increased due to various social media and virtual world effects, do enhance the desire to have that sexual pleasure, but instead of acquiring complete knowledge, their use might become harmful as well.

5. Positive aspect of using these objects is that they reduce the requirement of sex partners, in turn reducing related respective crimes and also the probability of getting infected with diseases like HIV-AIDS and other diseases which can be transmitted sexually.  

6. The absence of clear and directed laws in India, creates more confusion. Nowadays, along with globalization the trends are changing and it is quite normal that people are getting influenced by external culture and they are expected to behave that way.

It is the need of the hour that we should also accept the changes which are necessary and accept things to that extent.

In the case of Kavita Khumbhra v. Commissioner of Customs, Calcutta High Court gave the command for confiscating some objects like. sex toys or adult games which the appellant was importing illegally. (Times of India, 2021) 

This shows that in our country, we have a mechanism for regulating illegal activities. The only requirement we have is the availability of guidance to youth. And also the proper stimulated efforts with a holistic approach to make things easier to understand. Absence of specific legislation for this also makes it way more complicated.’

As and when the methods would be adopted while keeping in mind the Indian culture and ethnicity gradually it would become the course of life. Optimally utilizing things with consciousness is never harmful, neither for the state nor for individuals. For making it possible, combined efforts are required. 

CONCLUSION

China is the largest user and market of these, being so, it also produces and exports them. The citizens there do have a different mentality than ours. We, the people of India look at things with different perspectives and that is changing gradually.

Also, it is not bad to accept changes if their nature is not that which harms the whole society. Every aspect should be looked upon. Yes, our ethnicity, culture and values might not encourage the same but we cannot deny the fact that we have books like Kamasutra written in our ancient times which too is included in our culture. It will not show any type of weakness if we are willing to merge ourselves in this.

Accept the fact or not that at this particular point of time, if society is going to oppose it in a harsh manner then those people who have already accepted this culture are going to find some way or other to use the same. Then there is also this possibility that they may use illegal ways for it and would result in an increase in the rate of crime in the nation.

AUTHOR - DEVANSHI GOYAL