Teen Sex Video Shocks India
NEW DELHI, Dec. 21 , 2004
(AP) It was a private act of two hormone-charged teenagers
that lasted 2 minutes and 37 seconds on digital video.
But offered for sale on the Internet, the fuzzy and jerky images
of the 17-year-old girl having oral sex with her high school sweetheart
has sent shock waves through urban India, exposing the growing friction
between the conservative middle class, its increasingly Westernized —
and promiscuous — progeny, and modern technology.
"It came to me as a surprise that kids are having sex so soon,"
Barkha Dutt, who hosts the country's most popular television talk show
on social issues, said in an interview. "Even we are not aware of how
much things have changed."
Caught in the controversy's stinging sweep is Avnish Bajaj, the
Indian-born American who heads eBay's Indian subsidiary Baazee.com,
where the video clip — shot by the schoolboy himself using his cell
phone camera — was put up for sale.
Arrested last week under an ambiguous Indian law on cyber porn,
Bajaj was freed after posting bail Tuesday, but his U.S. passport
remained confiscated.
Bajaj's arrest triggered a diplomatic spat between the United
States and India and a threat by eBay executives to reconsider doing
business in a country that would toss one their top managers in jail as
a scapegoat.
"This incident has certainly given us pause and raises concerns
about the safeguards that are in place for businesses operating in
India," said Henry Gomez, an eBay vice president in the United States.
"This situation is one of concern at highest levels of the U.S.
government," State Department spokesman Richard Boucher said in
Washington.
Bajaj set up Baazee.com in 2000 and sold it to San Jose,
Calif.-based eBay, the Internet's leading auction company, for about
$50 million in June. The Harvard-educated executive has since headed
the Bombay-based subsidiary.
The sex clip was recorded weeks ago and passed on by the
bragging schoolboy to three of his friends and eventually made its way
to video disc sellers in New Delhi. It did not draw much attention
until an engineering student at a prestigious Indian college listed it
for sale on Baazee.com.
Now the girl's parents have sent her off to Canada. The
17-year-old boy, the son of an affluent businessman, is now in a
juvenile detention center. He went to Nepal to escape the media glare
and was arrested at the airport when he returned to the capital on
Sunday.
The controversy over the clip — it's the talk of urban India, an
obsession of newspapers and talk shows — is typical of a society in
transition, said Dr. Ranjana Kumari, the director of the think tank
Center for Social Research.
India's recent economic boom has created unimaginable wealth
among the tech-savvy urban population, who live in a globalized world
dominated by the Internet, international brands and Western lifestyle
with its relatively liberal sexual values.
Kumari says urban India is being pulled apart by these new
values and its own centuries-old social conservatism.
India may be the birthplace of Kama Sutra, the 6th century sex
manual, but sex today is a generally taboo subject. Premarital sex is
not widely condoned, and public displays of affection draw frowns.
"It is this transition which is resulting in a lot of
confusion," Kumari said.
Observers like Kumari think a variety of people share the blame
for grossly amplifying this sex scandal — including the authorities who
arrested Bajaj and the boy, who remains unidentified because of his
age; the teenagers' parents, who weren't aware of their children's
activities; and teachers, for sidestepping sex education in schools.
Many are outraged by the arrest of the schoolboy, who along with
the girl attended one of the capital's best known private schools, The
Delhi Public School.
"What are we trying to say here?" asked Dutt. "What do we
believe is wrong? Was it that he had sex? Was it that he sent out the
clip? Which part is the disturbing part?"
Of greater concern to many in the business community is Bajaj's
arrest under the Information Technology Act of 2000. The law makes a
criminal offense of "publishing, transmitting, or causing to publish
any information in electronic form, which is obscene." But it also says
an Internet provider or Web site manager can't be held responsible if
he acted diligently to remedy an electronicoffensee after learning of
it.
Baazee.com maintains it yanked the sex video listing as soon as
customer service managers noticed it, and Bajaj had traveled to New
Delhi to cooperate with authorities.
Pawan Duggal, a cyberlaw expert, said Bajaj's arrest has serious
implications, especially when Internet usage in the country is rapidly
growing and foreign investors are increasingly looking to India for
e-commerce opportunities.
"Ultimately we have to see bigger picture. We want to increase
Internet penetration. All this will only happen if you allow service
providers the freedom," he said. "The law needs to be more industry
friendly and more pragmatic."