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New Delhi:
The Supreme Court on Friday dismissed an anticipatory bail plea filed by Kerala activist Rehana Fathima, whose launch of a video in June of her minor youngsters portray on her semi-nude physique sparked controversy.
Arguing that it was an act of “spreading obscenity”, a three-member high courtroom bench led by Justice Arun Mishra stated: “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”.
“What impression will growing children get from this act?” Justice Mishra requested.
Senior advocate Gopal Shankaranarayan, showing for Ms Fathima, described the allegation of kid pornography as unusual. Mr Shankaranarayanan identified that if a person have been to face half-nude no objection could be made. If a girl, did so, “then there is all this,” he stated.
The activist, who made headlines for an try and enter Sabrimala temple in September 2018 (after the Supreme Court allowed girls from traditionally-barred age teams of 10-50 to enter), approached the courtroom after the Kerala High Court denied her anticipatory bail.
She contended that case towards her violated basic rights to life, liberty and dignity.
In the petition filed earlier than the highest courtroom on Monday, she additionally identified that she had totally co-operated within the investigation and her conduct had been distinctive.
“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,” Ms Fathima, in her plea earlier than the highest courtroom, had stated.
“(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 “baby abuse” under these stringent laws?” she requested.
The Kerala High Court refused to grant bail, observing that the video amounted to an obscene illustration of youngsters for the needs of “sexual gratification” and attracted offences below POCSO (Protection of Children from Sexual Offences Act) and the IT (Information Technology) Act.
Ms Fathima raised questions of regulation regarding utility of POCSO and IT Act in framing prices towards her, arguing that nudity, per se, can’t be handled as obscenity.
In her bail plea earlier than the High Court, the activist stated the allegations, prima facie, wouldn’t represent any punishable offences which are non-bailable in nature.
Rehana Fathima sought anticipatory bail a day after a search was carried out at her residence in Kochi and her cell phone and laptop computer have been seized.
With enter from ANI, PTI
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