Kerala High Court dismisses case against activist Rehana Fathima over nudity

The case against women's rights activist Rehana Fathima was recently dismissed by the Kerala High Court, which made a significant ruling that challenges the perception of nudity and obscenity. Fathima had been facing charges for sharing a video in 2020 where her young children were seen painting on her bare torso. However, Justice Kauser Edappagath emphasized that this act should not be automatically equated with sexual or obscene behavior. The judge highlighted that labeling the children's innocent artistic expression as a form of sexual gratification was unfair and harsh. Fathima, a 33-year-old activist, had been charged under various sections of the Protection of Children Against Sexual Offences Act (POCSO), Juvenile Justice Act, and Information Technology (IT) laws for sharing the video on social media. The prosecution argued that her act was indecent and obscene. Justice Edappagath emphasized a woman's right to make independent choices about her body, highlighting that it is a fundamental aspect of her right to equality and privacy, protected under Article 21 of the Constitution. Fathima's appeal had previously been dismissed by a trial court, but in the High Court, she argued that her body painting was a statement challenging society's tendency to sexualize a woman's bare torso while accepting men going shirtless. The High Court supported her argument, asserting that categorizing nudity as inherently obscene, indecent, or immoral is incorrect. This ruling by the Kerala High Court carries significant implications for reevaluating societal norms and perceptions surrounding nudity, artistic expression, and gender equality. #Kerala #KeralaHC #keralahighcourt Subscribe to The Times of India's YouTube channel: http://goo.gl/WgIatu For daily news & updates and exclusive stories, follow the Times of India Facebook: https://www.facebook.com/TimesofIndia Instagram: https://www.instagram.com/timesofindia/ Download the app: http://toi.in/3SLUCa80 Follow TOI+ for well-researched and in-depth news and analysis Facebook: https://www.facebook.com/timesofindiaplus Twitter: https://twitter.com/TOIPlus Instagram: https://www.instagram.com/toi_plus/

Category