New Delhi: Is a sex toy a massager or an obscene product under the Customs Act? The Central Board of Indirect Taxes and Customs (CBIC) has initiated inter-ministerial consultations in this regard to lay down a uniform national policy on how “sex toys” should be classified under India’s import laws.
This move comes amidst the Delhi High Court dealing with the question as to whether a Customs official, in the absence of any guidelines or consistent practice, can use their discretion to classify “sex toys” as an obscene product under the law and seize them.
“Such decisions cannot be taken on subjective opinion but on national standards, to ensure that such opinions are not being imposed selectively by the Customs’ officials on selected parties,” said a division bench of Justices Prathiba

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