|
|  |
| |
|
| | The Legal Needs Network is not currently active and cannot accept new posts | | Law & Sex Toys | Views: 11008 | | Jan 14, 2009 9:32 am | | Law & Sex Toys | # | 
Ritu | | Do you know that sale of sex toys is banned in India??(I mean we could've never expected it to be otherwise in India)
Do you know the possible reason for a law that bans sale of sex toys??
Why should law come in the way of ppl seeking harmless pleasure??
Sex toys is practically a recession proof industry n I've read China is earning billions of dollars exporting such toys.
Isn't it time we do away with such useless laws??Private Reply to Ritu | | Jan 15, 2009 1:04 am | | re: Law & Sex Toys | # | 
SOEB FATEHI | | is this discussion about :
bans?
toys?
law?
this law?
politics?
industry?
commerce?
economics?
harmlessness?
recession?
sex?
India?
China?
people?
Private Reply to SOEB FATEHI | | Jan 15, 2009 3:30 am | | re: re: Law & Sex Toys | # | 
Vijay Nair | | hmmmm.
With our penchant for digression, all of the above, I guess.
Vijay Nair, Partner
KNM & Partners, Law Offices
http://www.knm.in/Private Reply to Vijay Nair | | Jan 15, 2009 3:03 pm | | re: Law & Sex Toys | # |
7 Th Thinking Hat | | I think the answer lies in the question itself.Since china is doing a billion $ recession proof business in it (being an Indian I am too shy to mention those words!!!) there is a risk that all the F-Ex earned through I,T industry will be spent in import of it(being an Indian I am shy for a second time...) Now recession and Sathyam are throttling I.T industry. ,wherefrom can we find F0Ex for it? (oh,for a third time!)
But I understand from the post that only sale is banned. Not manufacture and export.Some one can try. Private Reply to 7 Th Thinking Hat | | Jan 15, 2009 4:33 pm | | re: re: Law & Sex Toys | # |
Ritu | | Soeb this discussion is about yet another useless law trying to regulate things which need not be regulated (also think 498 making adultery criminal etc) n which are not going to be regulated despite the laws seeking to do so. China n exports n economics came to me as an afterthought...like showing a carrot to the legislators to lift the ban on their sale.:-D ( This concern about the ban itself arose in my mind cos at the very time I need to focus on my exams n research I have a sudden urge to have an opinion on everything from Satyam fiasco to (ban of) sex toys to subprime crisis).
If such inane laws are there there will also be useless concerns abt its interpretation...remember the furore over Crezendo condoms with vibrating rings where there was a huge debate over whether its a contraceptive/sextoy?? n I guess its sales were banned in Madhya Pradesh cos finally it was decided it was a sextoy masquerading as a contraceptive.
Here these guys have made a rather convincing (even if unintentionally hilarious) case for allowing sextoys in India
1." Sex toys is the only alternative to those deprived of sex, lone women, men, adults, In fact india should produce em, Az I dont find any here I make few my self at home for my personal use, they are fantastic, but cant find silklicon materrial. Indians should stop being hipocrite•"
2."I understand that the editor of this newspaper does not have the ability or control over the laws of India & will probably do nothing about this, but at least writing this will help me relieve some of the sexual tension that I am feeling. I have spent the entire evening searching 4 sex toys that I could buy in India & have not found any. I am now frustrated. I do however know of a place where I can go to find prostitutes & will head there later this evening. Wouldn't it have been safer & more morally correct if I had just indulged myself in the safety of my home? No encouragement 4 increases in prostitution, less risk of spreading AIDS, less guilt associated with me doing this... It is easy to say that it’s not morally right 4 me to visit a prostitute & that I should abstain from sex altogether... I would just end up having embarrassing night falls or would have to make do with my hand in the bathroom. Besides which every time I would speak to a girl, there would be a "tamboo" in my pants, & all I would be thinking about is how to get her to sleep with me! Please do not take this article seriously 4 what is written but what it implies, we r a sad disillusioned nation."
(Source: http://www.expressindia.com/news/messages.php?newsid=33798 )
Vijay, digressing is okay for frivolous issues but for grave topics like this, I think we should discuss them earnestly n stick to the crux of the issue. :-p
Mohan, lawyers would be proud of your interpretation (only sale is banned not export...brilliant) but kardi naa businessman waali baat.....For the shy Indians BBC & Govt of India had come out with promos n ringtones for condoms
http://www.condomcondom.org/
http://in.youtube.com/watch?v=W7_zBJdUZ_U
Maybe we'd need to do that with the toys too...lift the ban n come out with creative promos to remove the inhibitions, eh???
Now I think I said too much, I'd better go n study...bye, cyaaa later.
Private Reply to Ritu | | Jan 15, 2009 5:02 pm | | re: re: re: Law & Sex Toys | # | 
partha pati | | I think we have too many archaic and redundant laws to feel frustated about............Before doing away with the laws lets first feel free to utter those WORDS & voice our DESIRES without feeling ashamed............
However indian ingenuity & discard for laws is provervial!!!!!
AND this is for those who tought (those things) aren't up of sale..........
Take a relaxed walk in the Fort area , Mumbai.....right infront of the High Court of Bombay........you will come to realise the obvious.......Private Reply to partha pati | | Jan 16, 2009 5:02 pm | | re: re: re: re: Law & Sex Toys | # |
Ritu | | Lol.....Hmmmmm...perhaps the guys at Mumabai High court are very sensitive to ppl's need but it's a different story at the customs which destroys the things people order on the internet cos they are banned n objectionable
"As many as 500 parcels containing products associated with sexual pleasure — vibrators, videos, magazines and other equipment — are received at the foreign post office every month.
However, the parcels — mostly credit card transactions over the internet from sex shops or gifts from relatives or friends abroad — never make it to those they are addressed to.
Apparently, the men and women who send for these sex toys are unaware of the fact that all parcels are routinely opened up at the Customs office in the post office premises. Examined by Customs Department officials and found to be ‘objectionable and banned items'.
Since customs laws have banned these items from entering the country, we’ve no option but to seize them, unless there’s specific information on their use,’’ Parmar said. Assistant Commissioner of Customs K C Sharma, who is in charge of the foreign post office, said ‘‘expert opinion’’ is sometimes sought when these sex toys are being examined. ‘‘When the law bans their entry into India and experts confirm that they’re sex toys, we’ve to seize and destroy them as per rules, Sharma said.
( http://www.expressindia.com/news/fullstory.php?newsid=33798 ..... Though its an ole item I suspect things haven't changed since then)
N moreover its just not in Fort area Mumbai...Delhi has Palika Bazar...etc etc but the point here is why should law ban them??.....if people in India get them/ make them at home despite the laws is a different isssue altogether ...more power to them!!
Private Reply to Ritu | | Jan 17, 2009 1:42 am | | re: re: re: re: re: Law & Sex Toys | # |
SOEB FATEHI | | when foreign liquor and cigarettes were not easily available in India many people often alleged that whatever the customs confiscated was never actually destroyed . . . . .
Private Reply to SOEB FATEHI | | Jan 17, 2009 6:18 am | | re: re: re: re: re: Law & Sex Toys | # |
partha pati | | At this juncture of the discussion I would just like to enquire whether even possession of these items is a crime? Private Reply to partha pati | | Jan 17, 2009 1:43 pm | | re: re: re: re: re: re: Law & Sex Toys | # |
Ritu | | Soeb, it would be a shame if those toys were actually destroyed...lagta hai toy toy per use karne waale ka naam likha hota hai...ok bad joke...now coming to the serious discussion at hand
'At this juncture of the discussion I would just like to enquire whether even possession of these items is a crime?'
~~Legally the sale of sex toys is covered by Section 292 of the Indian Penal Code which defines the term ‘obscene’ and provides for punishment for distributing any such object. Section 292 (1) defines ‘obscene’ as follows: "a book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object, shall be deemed to be obscene if it is lascivious or appeals to the prurient interest. Offences are punishable by a maximum of two years for the first conviction and five years in the event of a second or subsequent conviction.
so literally speaking only 'distribution' i.e. only sale etc would be a crime...no problems with possession n usage n so far I've not heard about a search warrant/raid for sex toys.
But on the other hand if we go to the spirit behind the law banning the sale...they are banned because they are 'anti Indian' n 'Anti culture'....so in the first place the sale is banned to discourage the use...ergo possession n use would also be an offence ( though I can't imaging how anyone will prove such an offence...abhi abhi jaankari mili hai ki iis ghar mein sex toys hai!!!!)...rishwat lena aur dena dono apradh hai...dahej lena aur dena dono apradh hai...=> sex toys sale karna aur possess karna dono hee apradh hai.
Private Reply to Ritu | | Jan 18, 2009 11:13 am | | re: re: re: re: re: re: re: Law & Sex Toys | # |
partha pati | | Hey Ritu, If such is the case then why not brush aside these things n keep it to the closets.........those who want their trysts with these things can very well procure them form them from black market. In India certain things r taboo..........and people prefer it that way. Evn if u legalise these things......I dont think people would be very open about showcasing their wares. The real problem is in our minds and attitude.........thts need to change FIRST
Private Reply to partha pati | | Jan 18, 2009 2:47 pm | | re: re: re: re: re: re: re: re: Law & Sex Toys | # |
charuhasan | |
Making Law is a difficult process. Justifying that or enforcement is a lot more difficult. Fundamental right and Freedom of speech guaranteed by the constitution are restricted by several other laws that can gag your mouth and limbs.
1. As for sex toys we already have in the market. According to a study by HIV investigation there are 6000 female sex workers in the city of Madras and I have not got the information about rest of Tamilnadu. I personally consider them as sex toys on the market.
2. About 50 percent of the parents are putting out their daughters as sex toys,
Usable by the boys of parents who prefer arranged marriages.
3. Sex toys are available for all men who need it. The probabilities are some of our laws in re sex- are applicable in a society for disempowering women.
Private Reply to charuhasan | | Jan 20, 2009 6:29 am | | re: re: re: re: re: re: re: re: re: Law & Sex Toys | # |
Urvashi Basak | | Charu Sir,you may be right in considering that women are sex toys and easily available to men. But women are sex toys with a difference. Sex toys with emotions or tending to have emotions. A man needs emotional fulfillment too apart from fulfillment of physical desire. Sex toys can't ever provide that fulfillment. Moreover in countries where sex toys are available and not banned by law, prostitutes are available too. For that matter I am not saying that prostitutes nourish one's emotional needs. Additionally sex toys are a man's as well as a woman's needs.
Further if prostitutes are there for men,giggolos are there for women, though they are few in number.
To an extent I do agree that in arranged marriages parents put up their daughters for display to men, but men too are equally put up for display to women. With education and earning power a woman has also started excercising her choice for a match worth her. Love marriages are no different. These days love the trend is that love tend to blossom between equals.
One more point for consideration is the increase in divorce cases in India for various reasons. I don't need to enumerate the reasons here. If men are dumping their wives for better prospects women too are dumping their hubands for better prospects. So why should women be exclusively categorized as sex toys.
Private Reply to Urvashi Basak | | |
| |
| |
