Team  SoOLEGAL

'Nudity per Se Not Obscenity': Rehana Fathima, Booked For Video Showing Her Children Painting On Her Semi-Nude Body, Moves SC For Bail

Team SoOLEGAL 28 Jul 2020 5:25pm

'Nudity per Se Not Obscenity': Rehana Fathima, Booked For Video Showing Her Children Painting On Her Semi-Nude Body, Moves SC For Bail

Petitioner Rehana Fathima has moved to Supreme Court challenging the judgement of Kerala High Court. She is being charged under Section 13 of Protection of Children from Sexual Offence Act, 2012 and also under Section 67B of Information Technology Act, 2000 as she had posted a video showing that her minor children was painting on her half naked body.

She applied for a pre-arrest bail at Kerala High Court but her bail was rejected and hence the petitioner has moved to Supreme Court.

According to the petitioner, the only reason for uploading the video was to share a message for her and every other children that it’s okay to showcase a female body and wanted her children to be guarded against the ideas of sexualisation.

The petitioner also stated that only a pervert would be in a sexual desire by seeing a half naked body but not her children, and for that reason the petitioner had allowed her children to paint on her half naked body.

The petitioner challenged the invocation of Section 13 of POSCO and stated that neither there is any repugnant representation of a child in this particular case nor there is any sexual gratification.

Seeking bail from the High Court, the petitioner pleaded that her acts were meant to encourage her children to see body and body parts not as a sexual tool but as a different medium altogether.    

A note was submitted by the petitioner to the High Court and according to that note a child who has grown up by seeing his/her mother naked cannot abuse another female body. Proper treatment about a woman’s body and sexuality must be given to a child from home itself.



Tagged: Rehana Fathima   Supreme Court   Kerala High Court   Information Technology Act   Section 13   POSCO  
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