Rehana Fathima, controversial activist from Kerala, has approached the Supreme Courtroom difficult a Kerala Excessive Courtroom order denying her anticipatory bail within the case associated to a video of her youngsters portray on her semi-nude physique.
Fathima approached the highest court docket contending that case in opposition to her violates her basic proper of life, liberty, and dignity below Article 21 of the Structure.
She, in her petition submitted on Monday, said that she absolutely cooperated within the investigation and her conduct has been distinctive.
Just lately, the Kerala Excessive Courtroom had refused to grant pre-arrest bail to her and noticed that the video amounted to an obscene illustration of kids for the needs of “sexual gratification” and entice offences below Part 13 of the Safety of Youngsters from Sexual Offences Act (POCSO) and Part 67B of Data Know-how Act (IT Act).
Fathima raised questions of regulation referring to the appliance of POCSO and the provisions of the IT Act regulation in opposition to her. Nudity per se can’t be handled as obscenity, Fathima mentioned difficult the invocation of Part 13 of POCSO by the Excessive Courtroom.
Fathima, in her plea earlier than the highest court docket, mentioned, “Goddesses in Kerala are often depicted in idols and murals with naked breasts. When one prays on the temple the sensation is just not of sexual arousal however one in all divinity.”
“Whether or not feminine nudity (even when not seen) per se constitutes obscenity? Whether or not youngsters portray on their mom’s physique may be concluded to be ”sexual gratification” and ”baby abuse” below these stringent legal guidelines?” Fathima requested.
The plea mentioned that there can most likely be “no one besides a pervert” who can be aroused to “sexual want” by seeing the character of the work.
“The petitioner’s message accompanying the uploaded edited video makes it clear that she supposed to normalise the feminine type for her youngsters and never permit the distorted concepts of sexualisation to pervade their minds,” the plea mentioned.
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