Case also filed against Ohmysecret.com.
By Dileep Thekkethil
BENGALURU: Indian e-commerce giant Snapdeal may have to discontinue the sales of sex toys after a lawyer took it to court citing violation of Section 377 of homosexuality law.
The Delhi-based lawyer Suhaas Joshi said he moved against Snapdeal to check the limits of anti-homosexuality law Section 377, reported The Times of India.
In addition to this he has also filed a case against another e-commerce company Ohmysecret.com for ‘abetting gay sex and exhibiting obscenity’. This website was closed down last month after incurring heavy loss. Snapdeal has been selling sex toys for quite some time and this is the first instance where the company is facing legal consequences.
Joshi was quoted by Quartz as saying, “I am not against homosexuality. There is a lot of confusion. Companies are selling products which are used for same sex activity, but at the same time, the Indian government says such acts are illegal. 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.”
According to the case filed by Joshi, the products sold via Snapdeal such as anal lubes and massagers are in violation of the Section 377 and Sections 292, 292 A, 293 and 294 that prohibit obscenity in public. Hearing the case, the magisterial court has ordered for a police enquiry into the matters mentioned by Joshi.
A few years back, sex toys were not available in India through online marketplaces but in 2014 e-commerce websites such as Snapdeal and Flipkart starting a new category for sex toys on their website. According to reports, the sexual wellness industry in India is expected to reach $40 billion by 2020 and could become one of the most visited categories on e-commerce websites. Other than Flipkart and Snapdeal, online e-retailers such as HealthKart, Iambeshram, that personal, kaama Stra and Shykart also sells sex toys in India.
According to the spokesperson of Snapdeal, it “is the only marketplace which provides a platform to connect buyers and sellers. We understand that at times sellers may list products which may be inappropriate, we take down such listings upon being notified of the same.”