Kerala Activist Approaches Supreme Court Over Case Of Semi-Nude Online Post
Rehana Fathima raised questions of legislation in relation to the appliance of POCSO.
New Delhi:
Rehana Fathima, debatable activist from Kerala, has approached the Preferrred Court docket difficult a Kerala Prime Court docket order denying her anticipatory bail within the case associated with a video of her youngsters portray on her semi-nude frame.
Fathima approached the highest court docket contending that case in opposition to her violates her elementary proper of lifestyles, liberty, and dignity beneath Article 21 of the Charter.
She, in her petition submitted on Monday, said that she totally cooperated within the investigation and her habits has been remarkable.
Lately, the Kerala Prime Court docket had refused to grant pre-arrest bail to her and seen that the video amounted to an obscene illustration of kids for the needs of “sexual gratification” and draw in offences beneath Segment 13 of the Coverage of Youngsters from Sexual Offences Act (POCSO) and Segment 67B of Data Era Act (IT Act).
Fathima raised questions of legislation in relation to the appliance of POCSO and the provisions of the IT Act legislation in opposition to her. Nudity in step with se can’t be handled as obscenity, Fathima mentioned difficult the invocation of Segment 13 of POCSO by way of the Prime Court docket.
Fathima, in her plea earlier than the highest court docket, mentioned, “Goddesses in Kerala are often depicted in idols and work of art with naked breasts. When one prays on the temple the sensation isn’t of sexual arousal however one among divinity.”
“Whether or not feminine nudity (even if no longer visual) in step with se constitutes obscenity? Whether or not youngsters portray on their mom’s frame may also be concluded to be ”sexual gratification” and ”kid abuse” beneath those stringent regulations?” Fathima requested.
The plea mentioned that there can most likely be “no one aside from a pervert” who could be aroused to “sexual want” by way of seeing the character of the paintings.
“The petitioner’s message accompanying the uploaded edited video makes it transparent that she supposed to normalise the feminine shape for her youngsters and no longer permit the distorted concepts of sexualisation to pervade their minds,” the plea mentioned.
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