Woman's naked body cannot be deemed sexual, rules Kerala HC
The Kerala High Court on Monday said that the depiction of a woman's naked body could not be termed as obscene, indecent, or sexually explicit, reported PTI. This comes as the court set aside the criminal case against women's rights activist Rehana Fathima, who was facing charges under the Protection of Children from Sexual Offences (POCSO) Act.
Fathima posed semi-nude in front of her kids
According to reports, the 33-year-old posted a video on social media, showing her topless in front of her children. She posed semi-nude to allow her kids to use her body as a canvas and paint on it. The video was shared under the hashtag "Body Art and Politics" to send a social message about female nudity but instead faced severe backlash.
Nudity should not be tied to sex: HC
Discharging Fathima from the case, Justice Kauser Edappagath observed, "Nudity should not be tied to sex." "The mere sight of the naked upper body of the woman should not be deemed sexual by default. So also, the depiction of the naked body of a woman cannot per se be termed to be obscene, indecent, or sexually explicit," Justice Edappagath added.
Breasts of Fathima were covered with paint: Court
Edappagath further said that nudity can be tied to sex only in context, adding, "The context here shows that the said depiction is one of the political expression of the petitioner and artistic expression of the children." "The petitioner did not show her bare chest, as the body paint covered her breast. It can never arouse any sexually explicit feeling," he added.
Mother-child relationship is one of most pious relationships: HC
The court also noted, "A mother-child relationship is one of the earth's most solemn and pious relationships. There is no bond stronger...more sincere than the one between a mother and her child." "No doubt, the prosecution of Fathima will have torture and adverse effect on the children. Hence, in the best interest of the victims also, the prosecution cannot be allowed," it said.
