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Kerala Kaumudi Online
Tuesday, 05 July 2022 11.58 AM IST

"Why do you do all this? You might be an activist (but) what kind of nonsense is this? SC asks Rehana Fathima

rehana

NEW DELHI: While dismissing his anticipatory bail plea, the Supreme Court called Rehnan's act of making her minor children paint pictures on her half-naked body an act of "spreading obscenity".

The Supreme Court said: "Why do you do all this? You might be an activist (but) what kind of nonsense is this? It is obscenity you are spreading. It will leave a very bad taste in society".

The three-member bench led by Justice Arun Mishra also questioned: "What impression will growing children get from this act?"

Rehana Fatima was charged with under the POCSO (Protection Of Children from Sexual Offences) and IT (Information Technology) Act after the video emerged of her minor children - a 14-year-old-boy and eight-year-old girl painting on her semi-nude body.

In her plea Fathima said she had "intended to normalise the female form for her children and not allow distorted ideas of sexualisation to pervade their minds".


She had argued that the case against her violated her fundamental rights to life, liberty and dignity.

In the petition filed before the top court on Monday, she also pointed out that she had fully co-operated in the investigation and her conduct had been exceptional.

"Goddesses in Kerala are frequently depicted in idols and murals with bare breasts. When one prays at the temple the feeling is not of sexual arousal but one of divinity," Fathima, in her petition before the top court, had said.

"(Does) female nudity (even when not visible) per se constitutes obscenity? (Can) children painting on their mother's body can be concluded to be "sexual gratification" and "child abuse" under these stringent laws?" she asked.

The Kerala High Court had refused to grant bail, observing that the video amounted to an obscene representation of children for the purposes of "sexual gratification" and attracted offences under POCSO and IT acts.

Fathima had raised questions of law relating to application of POCSO and IT acts in framing charges against her, arguing that nudity, per se, cannot be treated as obscenity.


With input from ANI, PTI

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