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New Delhi:
Rehana Fathima, controversial activist from Kerala, has approached the Supreme Court difficult a Kerala High Court order denying her anticipatory bail within the case associated to a video of her kids portray on her semi-nude physique.
Fathima approached the highest courtroom contending that case in opposition to her violates her basic proper of life, liberty, and dignity underneath Article 21 of the Constitution.
She, in her petition submitted on Monday, said that she absolutely cooperated within the investigation and her conduct has been distinctive.
Recently, the Kerala High Court had refused to grant pre-arrest bail to her and noticed that the video amounted to an obscene illustration of kids for the needs of “sexual gratification” and appeal to offences underneath Section 13 of the Protection of Children from Sexual Offences Act (POCSO) and Section 67B of Information Technology Act (IT Act).
Fathima raised questions of legislation referring to the appliance of POCSO and the provisions of the IT Act legislation in opposition to her. Nudity per se can’t be handled as obscenity, Fathima mentioned difficult the invocation of Section 13 of POCSO by the High Court.
Fathima, in her plea earlier than the highest courtroom, mentioned, “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.”
“Whether female nudity (even when not visible) per se constitutes obscenity? Whether children painting on their mother’s body can be concluded to be ”sexual gratification” and ”child abuse” under these stringent laws?” Fathima requested.
The plea mentioned that there can in all probability be “nobody except a pervert” who could be aroused to “sexual desire” by seeing the character of the work.
“The petitioner’s message accompanying the uploaded edited video makes it clear that she intended to normalise the female form for her children and not allow the distorted ideas of sexualisation to pervade their minds,” the plea mentioned.
(Except for the headline, this story has not been edited by NDTV workers and is revealed from a syndicated feed.)
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