Kerala woman wins 'nudity' case, says 'society thought I used my children...'
2 min read 06 Jun 2023, 08:11 PM ISTThe court also noted that even from the statements given by Fathima's children, they are loved and cared for by their mother
PremiumRehana Fathima, a woman's right activist, who 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 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.
“My children were (confused) that they just made a painting on their mother's bodies and she had to go to jail for that," and Rehana also told NDTV in an interaction that ,"The society thought that I used my children for my satisfaction but it was not like that."
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.
The court also noted that even from the statements given by Fathima's children, they are loved and cared for by their mother. "A mother–child relationship is one of the earth's most solemn and pious relationships. There is no bond stronger and more sincere than the one between a mother and her child. "No doubt, the prosecution of the petitioner (Fathima) will have torture and adverse effect on the children. Hence, in the best interest of the victims also, the prosecution cannot be allowed to be continued," it said.
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