Highlights

  • Kerala High Court defends women's rights over their body
  • Autonomy over the body not based on gender: Kerala High Court
  • Kerala High Court: nudity and obscenity are not always synonymous

Latest news

Dell Launches New Pro Precision AI Workstations In India, Introduces Deskside Agentic AI Platform

Dell Launches New Pro Precision AI Workstations In India, Introduces Deskside Agentic AI Platform

Oppo Enco Air5 Review: Incredible Value at ₹3,099

Oppo Enco Air5 Review: Incredible Value at ₹3,099

Samsung Galaxy A27 5G Goes On Sale In India With Cashback Offers, Zero Down Payment Schemes

Samsung Galaxy A27 5G Goes On Sale In India With Cashback Offers, Zero Down Payment Schemes

Nothing Phone (4b) First Impressions: A Strong Debut For The New 'b' Series 

Nothing Phone (4b) First Impressions: A Strong Debut For The New 'b' Series 

Samsung Galaxy A27 Review: A Dependable Mid-Ranger With Few Surprises

Samsung Galaxy A27 Review: A Dependable Mid-Ranger With Few Surprises

Union Finance Minister Nirmala Sitharaman Inaugurates Muzhiyan Kulam, Restored by Lumina Datamatics and Community Stakeholders in Puducherry

Union Finance Minister Nirmala Sitharaman Inaugurates Muzhiyan Kulam, Restored by Lumina Datamatics and Community Stakeholders in Puducherry

"Don't think anyone will be able to break his track record": Annu Kapoor hails Big B's unmatched legacy

"Don't think anyone will be able to break his track record": Annu Kapoor hails Big B's unmatched legacy

Rewriting the Rules of Business Education: Stride School of Business Unveils Its AI-First Campus Infrastructure

Rewriting the Rules of Business Education: Stride School of Business Unveils Its AI-First Campus Infrastructure

Women often denied autonomy over own body: Kerala High Court

"The right of a woman to make autonomous decisions about her body is at the very core of her fundamental right to equality and privacy,' the Kerala High Court said. 

Women often denied autonomy over own body: Kerala High Court

The right of autonomy over one's body is often denied to the fairer sex and they are bullied, discriminated against, isolated and persecuted for making choices about their bodies and lives, the Kerala High Court said on Monday while discharging a women's rights activist charged in a POCSO case.

Rehana Fathima, a woman's right activist, was facing charges under various provisions of the POCSO, Juvenile Justice and the Information Technology (IT) Acts for circulating a video in which she was seen posing semi-nude for her minor children, allowing them to paint on her body.

Discharging her from the case, Justice Kauser Edappagath said that from the allegations against the 33-year-old activist, it was not possible to anyone to infer that her children were used for any real or simulated sexual acts and that too for sexual gratification.

The court said that she only allowed her body to be used as a canvas for her children to paint on.

"The right of a woman to make autonomous decisions about her body is at the very core of her fundamental right to equality and privacy. It also falls within the realm of personal liberty guaranteed by Article 21 of the Constitution," it said.

The order came on Fathima's appeal against a trial court decision dismissing her plea to be discharged from the case.

In her appeal in the high court, she had asserted that the body painting was meant as a political statement against the default view of society that the naked upper body of the female is sexualised in all contexts, whereas the naked male upper body is not treated to this default sexualisation.

Agreeing with her contentions, Justice Edappagath said that painting on the upper body of a mother by her own children as an art project "cannot be characterised as a real or simulated sexual act nor can it be said that the same was done for the purpose of sexual gratification or with sexual intent".

The judge said it was "harsh" to term such an "innocent artistic expression" as a usage of a child in a real or simulated sexual act.

"There is nothing to show that the children were used for pornography. There is no hint of sexuality in the video. Painting on the naked upper body of a person, whether a man or a woman, cannot be stated to be a sexually explicit act," the court said.

The prosecution had claimed that Fathima had exposed her upper body in the video and hence, it was obscene and indecent.

Rejecting the contention, the court said that "nudity and obscenity are not always synonymous".

"It is wrong to classify nudity as essentially obscene or even indecent or immoral," it further said.

The court pointed out that women of lower castes in Kerala had once fought for the right to cover their breasts and that there were murals, statues and art of deities in the semi-nude in ancient temples and various public spaces all over the country and these are considered as "holy".

It further said that nude display of the upper body of men is never considered obscene or indecent and is not sexualised, but "a female body is not treated in the same way".

ADVERTISEMENT

Up Next

Women often denied autonomy over own body: Kerala High Court

Women often denied autonomy over own body: Kerala High Court

'Operation Tiger is complete,' roars Shinde as 6 Uddhav MPs join his Sena; calls them Dhurandhar

'Operation Tiger is complete,' roars Shinde as 6 Uddhav MPs join his Sena; calls them Dhurandhar

Kashmiri Pandits should move on, stop being prisoners of past: Mehbooba

Kashmiri Pandits should move on, stop being prisoners of past: Mehbooba

At least 15 dead as fire rips through Lucknow building, students among victims

At least 15 dead as fire rips through Lucknow building, students among victims

SC seeks responses of Centre, States on plea for use of Aadhaar as identity proof only

SC seeks responses of Centre, States on plea for use of Aadhaar as identity proof only

Abhijeet Dipke slapped during Jaipur protest; 'intimidation tactics', alleges CJP founder

Abhijeet Dipke slapped during Jaipur protest; 'intimidation tactics', alleges CJP founder

ADVERTISEMENT

editorji-whatsApp

More videos

3 vessels with Indian seafarers attacked by US Navy; India says these strikes must stop

3 vessels with Indian seafarers attacked by US Navy; India says these strikes must stop

Three missing Indian seafarers onboard MT Settebello confirmed dead: Sonowal

Three missing Indian seafarers onboard MT Settebello confirmed dead: Sonowal

Rs 370 biryani remark: NCW summons More, Jangra over Gurugram comedy show

Rs 370 biryani remark: NCW summons More, Jangra over Gurugram comedy show

'Choose between Abhishek and me': Kalyan issues ultimatum to Mamata amid TMC imbroglio

'Choose between Abhishek and me': Kalyan issues ultimatum to Mamata amid TMC imbroglio

NDA leaders felicitate Modi as he becomes longest-serving elected PM

NDA leaders felicitate Modi as he becomes longest-serving elected PM

CJP to launch nationwide protest on Thursday, warns of indefinite sit-in

CJP to launch nationwide protest on Thursday, warns of indefinite sit-in

Rebel Trinamool leader Ritabrata claims dissident camp is ‘real TMC’, rules out merger with Congress

Rebel Trinamool leader Ritabrata claims dissident camp is ‘real TMC’, rules out merger with Congress

Dharmendra Pradhan reviews re-NEET preparations, assures students of error-free exam

Dharmendra Pradhan reviews re-NEET preparations, assures students of error-free exam

PM Modi to undertake visit to France, Slovakia; to attend G7 Summit

PM Modi to undertake visit to France, Slovakia; to attend G7 Summit

Rs 6,800-cr Zojila tunnel project in J-K achieves breakthrough in excavation work

Rs 6,800-cr Zojila tunnel project in J-K achieves breakthrough in excavation work

Editorji Technologies Pvt. Ltd. © 2022 All Rights Reserved.