Suhaas Joshi, a Delhi based lawyer has filed a complaint against e-Commerce behemoth Snapdeal, for abetting Gay sex and exhibiting ‘obscene’ products. According to the report in Quartz, Joshi’s complaint lists all manner of objects, from lubricants to massagers shaped like “the male phallus.”
Is Suhaas Joshi another in a long line of the increasingly arcane and ridiculous guardians of morality that assault us with their misplaced outrage? Yes and no.
He told Quartz
“I only wanted to test the law. Either Parliament should debate and discuss the issue or state should come to the rescue of all those affected.”
Suhaas Joshi, Lawyer
The law itself is vague enough to include all manner of ‘practices’.
Section 377 in The Indian Penal Code
377. Unnatural Offences — Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of upto ten years, and shall also be liable to fine. Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.
The law, first put into effect by the British in 1860, is archaic both its origins and sensibility.
What is a an ‘unnatural act?’ Is any sexual intercourse not meant for procreation unnatural? Where does that leave condoms and contraception? Is sex aided by Viagra natural or not? Or are we going to imprison every old man who needs a bit of help.
Are we going to punish consenting adults for acts of fellatio?
And then, of course, there is the obvious gender bias built into the law. Women can be potentially jailed for masturbation, while pubescent boys are free, by law, to keep at it.
There are legitimate questions and debates around adult, sexually explicit material on an universally accessible platform like the internet. Like how we can limit access and potentially damaging consequences to children.
But criminalising human, and yes, natural impulses only takes us away from examining an important issue with the seriousness and balance it deserves.
Meanwhile, Snapdeal has removed the more ‘offensive’ products from its catalogue. I couldn’t find a single phallus-shaped item there.
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