There is outrage across the country over the rape-murder case in Kolkata, apart from this, such shocking incidents have come to light from many other areas as well. In Maharashtra’s Badlapur, there have been reports of sexual abuse of girls in school. Porn has also played a role in these reports. This has once again raised the discussion about what kind of ban is there against the spread of pornographic content in the country, and how strict is the law regarding sex toys.
The legal situation regarding the regulation of porn and sex toys in India is complex. Firstly, it is a mix of many laws and secondly, these laws are primarily aimed at public moral security and control over pornographic content at its core. The recently implemented Indian Justice Code (BNS) 2023, IT Act 2000, and POCSO Act 2012 play a major role in this matter.
Sections 294 and 295 of the Indian Penal Code (BNS) 2023 regulate pornographic content. Under these sections, any content that promotes sexual excitement of anyone and has a corrupting effect on society is considered obscene. The sale, renting, or public display of such material is a crime, which is punishable by punishment.
Strict rules are also in place under the IT Act 2000 to prevent the spread of obscenity (or porn) in the digital medium. Sections 67, 67A, and 67B prohibit the transmission of obscene and sexual content online. There is a provision for severe punishment and fines for those involved, especially in the case of pornographic content related to children.
The POCSO Act 2012 is also important for the protection of children from sexual crimes. Under Section 14 of this Act, people who sexually abuse children face severe punishment.
The Indecent Representation of Women (Prohibition) Act, 1986 has been implemented to protect the dignity of women. This law prohibits objectionable portrayal and presentation of women in the media and provides for strict action against it.
The legal situation in India regarding sex toys is unclear. There are no specific laws for their sale or distribution, but they are often considered illegal under porn and import regulations.
However, some judicial decisions have provided clarity on the legality of sex toys. In 2011, the Calcutta High Court overturned a decision by customs officials to seize imported sex toys, arguing that these were for adults and not obscene. Similarly, in March 2024, the Bombay High Court overturned a decision to seize body massagers, holding that these were not sex toys.
Despite the growing trend of online shopping, e-retailers have to comply with local laws and customs regulations while buying and selling these products. In this regard, there is a need to be cautious regarding the availability and advertising of sex toys in the market.
Source (PTI) (NDTV) (HINDUSTANTIMES)