The Delhi High Court on Sex

Continuing this search, I came across Justice Sikri of the Delhi High Court, in a case relating to intellectual property and viagra, Pfizer Products v. B.L. Company and others (2002 (25) PTC 262 (Del)).

Nobody can match Krishna Iyer for sheer hilarity, but this still is quite something. The opening lines of the judgment are:

"Sex is an inescapable part of us. It is there from the moment of birth when we are given a sexual identity - boy or girl - and it is with us until the day we die - when it goes on the death certificate."

Innocuous enough, even if the logic is a bit stretched. (As in, what goes on the death certificate?) Then, comes the real meat:

Ever since Adam and Eve ate forbidden apple and were transported to earth, sex has become basic human instinct. Among other creatures copulation may be only a biological act - for procreation. However, for human beings, sexual intercourse is not only procreative. It is creative as well. It has been described as "the greatest driving force in the living world".

No wonder then, that much is written about it. From time immemorial. On how to enjoy it most. On how to continue to enjoy and be sexually active even at advanced stage of life. Vatsyayana's 'Kamasutra' has placed him among the immortals and no better elegy or eulogy can be written than the following lines:

"So long as lips shall kiss and eyes shall see. So long lives This, and This gives life to Thee".

So, it's all Adam and Eve's fault. Skip a couple of paragraphs to find this:

Sex may be most confusing, disappointing and lonely experience. It may also be most piercingly beautiful, earthshaking and companionable experience. It is the experience of latter kind, which human beings cherish.

Adapting someone else's joke - as far as confusing and disappointing experiences go, sex ranks quite high. Further:

Knowing this insatiable appetite of human kind, medical science - traditional and modern - has not lagged behind. Aphrodisiacs are "discovered" and "invented" for prolonged and enhanced sexual encounters. Various therapies are administered for treatment of impotency or for sexual failures of all kinds. What a remarkable gift it would be, for those in need, when it was accidentally discovered that the drug - sildenafil citrate, commonly used for treatment of angina, could be a stimulant for male Erectile dysfunction. The plaintiff became pioneer in commercially exploiting the same. When a drug of this nature hits the market, there are bound to be many players. More and more would inevitably enter the arena. They would make the exploit. And it is bound to create economic war. That is exactly what has happened in these cases.

A slightly needless introduction to a judgment, but we could all do with some bad, kinky humour once in a while, no?

(More judgments will come.)