CAN SEX AS A TABOO BE LEGALLY DISMANTLED?

K. Karunasri

School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University.  

Editor- Malla Greeshma

INTRODUCTION

Sex education is standard information on subjects such as body autonomy, healthy relationships, consent, intercourse, and many more. India is a country with a lot of traditions, customs, and stereotypes. In India, if anything new comes into existence and doesn’t align with the already set principles and practices, it automatically turns into a taboo, which cannot be tossed off easily. Such is sex education; it’s a necessity—an “education” that has been seen as taboo for many years now. Throughout the years in India, sex has been seen as either a disgusting topic that cannot be discussed with anyone or a topic that is too shy to be discussed with anyone.

Integrating sex education in India can be an impossible task and a never-ending discussion on “Are we really ready for implementing sex education?” Sex is one of the biggest taboos in our society because it is seen as a shameful act if it is not done in a conventional way. For instance, sex before marriage is seen as a sin by many, and the minds of those people are crammed with the principles of so-called tradition, custom, and dignity, and they will not even try to change, adapt, or listen to other opinions different from theirs.

WHAT IS SEX AND SEX EDUCATION?

Physical intimacy, i.e., intercourse between two persons, is known as ‘sex,’ often involving vaginal, oral, or anal intercourse. It is a natural human activity that can be a way to express love, affection, desire, or emotional closeness. Sex also plays a role in reproduction, which happens through vaginal intercourse between a male and a female. While it is often associated with pleasure, it also involves mutual consent, respect, and communication. Understanding sex is crucial, including knowing about safety, protection, emotional readiness, and the importance of healthy boundaries.

To understand these, we need sex education. But what is sex education?

Sex education is the process of teaching people, especially children and teenagers, about their bodies, relationships, sexuality, and sexual health in a safe, respectful, and age-appropriate way. It covers a wide array of topics, including puberty, reproduction, consent, healthy relationships, contraception, sexually transmitted infections (STIs), gender identity, sexual orientation, and personal boundaries. It also helps break down shame, reduce stigma, promote respect for others, and empower individuals to protect their health and well-being. But sex education and India — the sentence can never go together well. It can be easily said to break the stigma, but getting into action is a very hard process and has been tried for many years and yet couldn’t be achieved. As it isn’t just a small social stigma but an intricate taboo in India. Let’s see why it is so.

IS SEX EDUCATION SEEN AS A TABOO IN INDIA?

Sex education is often seen as taboo in India due to deeply rooted cultural conservatism and social stigmatisation, where discussions around sex are seen as immoral or disrespectful. Sex is seen as either a very sacred act or a disgusting act; there is no middle ground on this topic. Traditional beliefs, reinforced by religious values and social norms, label such conversations as shameful or corrupting, especially for young people. Parents and educators often avoid the topic, fearing it may encourage curiosity or promiscuity. The lack of formal training and societal discomfort further silences dialogue and leads to complete ignorance of this issue. In a country where honor is tied to modesty, sex education becomes a whispered subject, despite its importance. This silence will not just remain silent but lead to misinformation, making young people more vulnerable instead of protecting them. When the academicians themselves are uncomfortable talking or even teaching about basic sex education, then there is no way of educating the children.

In scenarios where students are interested in talking about sex, they are name-called or treated very badly, and, importantly, they are harshly judged on their character, not just by their peers but by their parents. In fact, in most scenarios, the children don’t even have the guts to ask questions about these things, as talking about sex is often associated with being “spoiled,” “characterless,” or disrespectful, especially for girls.

PROBLEMS FACED BY PEOPLE DUE TO LACK OF KNOWLEDGE ON SEX EDUCATION

One of the most dangerous and misleading paths in this context is sexual abuse and sexual harassment. Without understanding the concept of consent or violent behaviour, children find it very hard to identify whether a behaviour is good or bad, which in turn may lead them down a criminal path, increasing the number of rape cases. That’s why it’s important to teach children, mainly teenagers, the basics of sex, consent, body autonomy, and how their hormones work.

The next biggest issue is teen pregnancy. Without any kind of knowledge of sex education, they tend to seek information about it. But when the primary relationship, i.e., the parent, feels awkward or disinterested in elaborating—or worse, sees the act as a malicious one—it is very hard for the kid to speak about it. Thus, they turn to the internet for answers, which might lead to completely different results. They wouldn’t be aware of contraception, and even if they are, they would be ashamed of asking about it or wouldn’t get full information and wouldn’t know where to get it either. This directly leads to unprotected sex, resulting in teen pregnancy.

The worst case is STIs—Sexually Transmitted Infections. STIs exist in many forms; common STIs include chlamydia, gonorrhoea, syphilis, HPV, HIV, and herpes. Many of these infections show little to no symptoms at first, which is why regular testing and awareness are so important. Without proper sex education, many people don’t know how STIs spread, how to protect themselves, or how they can be treated if caught early. This lack of knowledge can lead to long-term health issues, including infertility, chronic pain, and an increased risk of HIV.

Another major problem is precarious online behaviour. Many children communicate via the internet and are now engaging in sexting or sharing intimate photos and videos without fully understanding the consequences. These cases can lead to issues such as depression and suicide, as such images can be leaked, shared without consent, or used to harass or blackmail them. Some may even face legal consequences, especially if they’re underage. Without proper education about digital boundaries, consent, and online safety, people are more likely to fall into dangerous situations that can impact their mental health and reputation, potentially ruining their future.

Another critical issue is the embarrassment or fear teenagers mainly feel about seeking medical help for sexual health concerns. Many are too ashamed to talk to a doctor or don’t know where to go for help. When sex education is ignored or treated as taboo, young people are left without the tools or confidence to take care of their own health, something that can have long-lasting consequences.

In the absence of proper sex education, most young people turn to movies, TV, or the internet, where sex is often shown in unrealistic or sensationalized ways. This further distorts their understanding and reinforces the idea that it’s something to be hidden or ashamed of.  

SERIOUSNESS AND URGENCY OF IMPLEMENTING SEX EDUCATION

People complain about the increase in rape, sexual harassment, and voyeurism, but they aren’t willing to provide any education regarding it. The reason behind this is that they perceive this kind of information as inappropriate to provide to their children. To prevent the rise in sexual violence, the only way out is to give people education on the matter—especially sex education—to understand their body autonomy and how it actually works. Consent should be taught to prevent harassment, especially rape. The silence when the agenda is about sex is very loud—parents feel awkward, teachers feel it is inappropriate, seniors and peers have half-baked information that may lead to consequences, and in the end, there isn’t any authoritative person to talk or discuss with or a basic way to “know” what sex is.

Article 21A of our Indian Constitution speaks about the ‘Right to Education.’ The author feels that sex education is as important as any other subject a child would learn; in fact, it is more important to learn before they are exposed to misleading or harmful information. The sources are increasingly high in the contemporary world, as there is really no end to the limit of resources a child has if they are seeking to learn anything. Before it’s too late, a child must be provided with the correct information and knowledge on these matters. If not, the risk of the child getting distorted information leading to dangerous consequences is highly probable. Hence, it is very important to implement immediate sex education into the curriculum. But there’s a big question as to why sex has a strong stigma. How can it be broken down? The author believes that implementing sex education legally will do the work. It may receive backlash, but in the long run, people would realise how important it is to provide children with sex education.  

LEGALITY OF SEX EDUCATION

In India, the implementation of sex education is a long-fought silent war that still hasn’t even reached halfway through the process. Even though it’s high time that we implement the law for sex education—at least for the sake of decreasing the problems caused due to lack of knowledge—the author believes that implementing sex education should be a mandatory rule in any country, not just for the sake of training them for healthy relationships, but also to decrease the cases of rape and such crimes. India doesn’t have any laws on it, but in a recent judgment, the Supreme Court has recommended sex education. Only when laws come into place will the people against it become silent. If not, breaking the taboo around sex education will be a never-ending task.  

CONCLUSION

Sex education should be made compulsory. Dismantling the taboo around sex education in India is not only a social necessity but also a legal imperative. With rising cases of sexual violence, misinformation, and unsafe practices, the law must evolve to mandate the provision of age-appropriate sex education across schools in

India. Legal intervention can do many things: it can be a revolutionary act; it would break generational silence and ignorance; it would educate teenagers with proper knowledge; it would stop the misinformation; and it would shift societal attitudes rooted in stigma and shame. By framing sex education as a fundamental right to health, safety, and dignity, the legal system can play a transformative role in normalising informed conversations around sexuality and ensuring a safer, more respectful society. Many subjects are added under Article 21 by interpretation—why not sex education? Why not have Article 21A also state that sex education should be provided from the ages of 10 to 18?  

REFERENCES

1.     KSPP. (n.d.). The importance of early sexual education in Indian schools. Karnataka State Police Project. Retrieved from

https://www.kspp.edu.in/blog/the-importance-of-early-sexual-education-in-i ndian-schools 

2.     Deshpande, S. (2023). Comprehensive sexuality education in India: Barriers and the way forward. Indian Journal of Human Development, 17(1), 25–34. https://doi.org/10.1177/26318318231155993

3.     India Today. (2024, February 16). Supreme Court advocates comprehensive sex education to reduce sexual crimes and misconceptions. India Today Education. Retrieved from

https://bestcolleges.indiatoday.in/news-detail/supreme-court-advocates-com prehensive-sex-education-to-reduce-sexual-crimes-and-misconceptions

4.     Centre for Law and Policy Research (CLPR). (2020, October 5). The right to sex education in schools. Retrieved from

https://clpr.org.in/blog/the-right-to-sex-education-in-schools/