No country for self-love: Tracing the confluence of sex toys, right to sexual health and obscenity standards in the modern Indian landscape

Abstract

World Health Organization and the Declaration of Sexual Rights by the World Association for Sexual Health affirm that sexual gratification is a fundamental human right. Sex toys, both manual and electronic, enhance sexual pleasure. In India, the moral and legal implications of using sex devices are complex, as they are seen as obscene or morally corrupt. Currently, India lacks specific laws that explicitly restrict or permit the sale of sex toys, but IPC has commonly resorted to banning the “sale, exhibition, advertising, import, or export” of sex toys due to its perceived “obscenity”. These items have become so prevalent that they are now sold openly in our living rooms through e-commerce, disguised as a “neck massager” or “personal body massager.” Morality has deeply influenced society, preventing patents for sex-related technologies despite meeting eligibility criteria. When morality takes precedence over the law, it is crucial to consider how to judge and potentially limit it. In light of the above, through this paper, the researchers will critically analyze the question of the legality of sex toys in India, the right to sexual health of an individual, and the aspect of ‘obscenity’ which has made sex toys a taboo, along with the importance of regulation of sex toys and how the absence of a regulatory framework can have a negative impact on the health of the consumer.