Delhi based lawyer takes Snapdeal to court for 'abetting gay sex'

NEW DELHI: A Delhi-based lawyer has filed a criminal complaint against Snapdeal, India's largest online marketplace, accusing the company, among other issues, of abetting gay sex, an offence under Section 377 of the Indian Penal Code.

The complaint, which was filed in Delhi's Tis Hazari District Court, names Snapdeal and Chennai-based adult sexual wellness and products website OhMySecrets.com of exhibiting and selling 'obscene' products and accessories, such as vibrators and lubricants.

However, according to various media reports, advocate Suhaas Joshi, who filed the complaint, has claimed that he was not against homosexuality, but that his intent of filing the complaint was "to test the limits of India antihomosexuality law."

Section 377, which criminalises 'carnal intercourse against the order of nature,' has been described as discriminatory, and unreasonable by eminent legal jurists, who have argued that the archaic law deprives a significant section of the country's population of their rights.

In 2009, the Delhi High Court delivered a landmark judgement decriminalising homosexuality, which was, however, quashed by the Supreme Court, which asked legislators to take a decision on repealing the colonial-era law. Various media reports have also reported that a metropolitan magistrate has directed the police to investigate the matter and submit a report within a month.

When contacted by ET, a Snapdeal spokesperson said, "Snapdeal.com is an online marketplace which provides a platform to connect buyers and sellers. We understand that at times sellers may list products which may be considered inappropriate by some, and we take down such listings upon being notified of the same and conduct a necessary review of the same."