Being from the land of the Vatsayana’s Kamasutra, it is easy for outlanders to presume that Indians are free when it comes to sex. Unfortunately, as a race, we tend to walk on eggshells and talk in hushed whispers when it comes to sex. Adjudged the sixth horniest country on the planet by a survey (Yes, we are outranked by five other countries!), with a population of 1.3 billion people to boot, and we still actively hide our sex lives from our always-suspicious parents. Until, we reach a ‘suitable’ age to enter holy matrimony, that is.

Not even our actresses are free from hateful trolls and rape threats when they play-act masturbation with a sex toy or orgasm onscreen! (Remember Veere Di Wedding and Lust Stories?) Making something that is so primal and natural – a taboo around our physical desires has been a part of our ‘culture’ for too long. Even if someone is liberal enough to talk about sex in a social setting, there are always aunties clad in deep-neck blouses and midriff-baring sarees ready to shush us with looks so lethal, they could melt glaciers! Sex toys, on the other hand, are another matter altogether.

What are sex toys?

Sex toys essentially are objects or devices used for sexual stimulation or for the enhancement of sexual pleasure. There are a variety of these toys available online that women as well as men can purchase to add a dash of spice in their sex lives. For example take a look at this ‘Greedy Girl’  

YES, it is totally normal to use sex toys while ‘doing it’ with your partner. The missionary position may be a classic, but there is nothing wrong with seeking a little va-va-vroom in the bedroom!

For a beginner, it may be a bit daunting to be exposed to a ‘toy’ that looks like a synthetic replacement of the real ‘thing’. I know what you are thinking. Don’t toys mean remote-controlled cars, teddy bears, kanche, tennis balls, cricket bats, badminton rackets that we grew up playing with? Yes, those are toys indeed but, for kids. Adults have a whole range of toys to ‘play’ with such as dildos, vibrators, cuffs, butt plugs, sprays, among others; and they have a very different endgame altogether (Wink, wink!).

Where to find them?

If you do not know what sex toys look like and are curious to know more about them, visit IMbesharam, India’s most popular online adult lifestyle store that boasts of a customer base of over 1.3 billion Indians worldwide. Feast your eyes on the plethora of products available on the company’s official website and explore self-love and your sexuality. Known for their discreet packaging and speedy delivery, IMbesharam has essentially removed all the sharam from Indian bedrooms with its top-notch products and unapologetic, bold, and sensuous brand placement. Disabling the moral policing factor that is often invoked when it comes to sex toys, the team has established itself as one of the most favoured platforms of adult lifestyle products in the country.

And guess what? IMbesharam is officially endorsed by Indian-origin former adult industry star Sunny Leone, who has successfully transitioned to Bollywood. Shattering all glass ceilings, stereotypes of a typical Bollywood heroines; she has established herself as a successful actress in the land of judgemental aunties whispering “Log kya kahenge?” and ultra-horny men. More power to you Ms. Leone!

The Legal Conundrum

Gracing the sexual wellness category on a few e-commerce websites in India, sex toys have found buyers aplenty.

But are they legal in India?

Many interested and potential buyers have this question pop in their minds while they are willing to explore this new terrain of pleasure, they have apprehension on the legal implications on buying or using sex toys in our fairly conservative society. The answer to that question is, yes and no.

Under Section 292 of the Indian Penal Code, the sale, purchase, distribution, import/export, business and advertising of any book, pamphlet, paper, drawing, painting, figure or any other object, can be deemed ‘obscene’ if it expresses overt or offensive sexual desire and indicates an excessive interest in all things sex. So, how does one determine whether it is okay to buy, use, store or sell sex toys?

Well, there are no categorical laws that prohibit people from purchasing, selling or (consensually) using sex toys in India. You will not be thrown in jail for looking at, buying or keeping a vibrator in that secret cardboard dabba under your bed. Being discreet about it is the key. And just because a sex toy may evoke sexual desire in you, it does not mean that it can be termed ‘obscene’.

Importing Sex Toys

Importing sex toys is not illegal if they do not have any objectionable pictures or language. Back in the day, this ambiguous definition was applied to sex toys as well. But a ruling by the Calcutta High Court on July 29, 2011, emphatically held that obscenity charges against adult games or sex toys are not legally sustainable.

A lady named Kavita Phumbhra, had sought to import a consignment of such products, including a few games. The Customs department confiscated the delivery, citing obscenity provisions, and claimed that the harm from the consignment would be compounded if it were sold to minors.

The court rejected the charges on two grounds. First, it held that the definition of obscenity is so sweeping in its scope and involves such questions of psychology and ethics that it is not right or feasible for judges to implement a “legal formula” in practice.

Second, the two judges, relying on expert opinion, held that just because some games and toys had an erotic content they could not be labelled “obscene”. The expert in that case was Ratnottama Sengupta, art critic, media commentator, member of the Advisory Panel of the Censor Board who is also on the juries of several domestic and international film festivals. Her statement deserves to be repeated:

“Every civilised society in the world permits adult entertainment within the privacy of the home, and moral policing and permissiveness in matters of sex cannot be condoned.”

The court held that since the Customs authorities were allowing the import of printed material that had far more explicit content, they could not be allowed to discriminate against sex toys.

Where do innovators or producers in the sexual wellness industry stand in Indian Patent Law?

A complaint filed by a company named Standard Innovation against its main competitor, Lelo brings to light a judgment where a patent claiming a sexually stimulating device (a unique vibrator) was denied on the ground that it was an “immoral” invention under section 3(b) of the Patents Act.

“The subject matter claimed in the instant application relates to “sexual stimulating vibrator” and its intended use or commercial exploitation could be contrary to “public order” or “morality” and falls under section 3(b) of the Patents Act (as amended) and is not allowable…. Mostly these are considered to be morally degrading by the law.” The judgment also further declares Indian patent office’s negative view towards sex toys and notion of sexual pleasure – “These are toys that are not considered useful or productive.”

Rolling the dice…or not?

The laws regarding online sale or purchase of sex toys are pretty speculative in our country. Therefore, so long as retailers toe the line and adhere to all regulations laid down by the government, they are golden! Inconspicuous packaging and muted display of products may also assist in side-stepping the unwarranted legal hassles. Take it as a gospel!

References –

1. Information Technology Act, 2000
2. http://www.shareyouressays.com/knowledge/section-292-of-indian-penal-code-1860-explained/118788
3. https://scroll.in/article/711726/prosecuting-snapdeal-for-selling-vibrators-isnt-about-sex-its-about-online-censorship
4. https://www.thequint.com/explainers/section-377-case-supreme-court-hearing-explainer
5. http://trak.in/tags/business/2015/01/15/selling-sexual-wellness-products-ban/
6. https://www.vantageasia.com/immoral-compass/
7. Section 292 explained for common man: http://www.shareyouressays.com/knowledge/section-292-of-indian-penal-code-1860-explained/118788
8. Kavita v Customs (full judgement) https://www.casemine.com/judgement/in/56e0f959607dba389660664d
9. Calcutta: http://scroll.in/article/711726/prosecuting-snapdeal-for-selling-vibrators-isnt-about-sex-its-about-online-censorship
10. About Wevibe Patent and supporting info: https://spicyip.com/2018/08/sexual-pleasure-is-immoral-so-says-the-indian-patent-office.html
11. https://blog.ipleaders.in/sex-toys-selling-india-legal/