India

Wrong To Say Nudity As Essentially Obscene Or Immoral: Kerala High Court

On Monday, the Kerala High Court discharged a suit against a woman’s right activist Rehana Fathima who is facing several charges for uploading a video in 2020 of her son and daughter painting on her bare torso.

Autonomous decisions about body fundamental right

A single bench judge Justice K Edappagath said that painting on mother’s torso by her children as an art project “cannot be characterized as a real or simulated sexual act” and such action cannot be labelled as and act of using a child for sexual gratification. Fathima faced charges against POCSO Act and juvenile justice and information technology laws for uploading video on social media. Kerala court also mentioned that, “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.”

Wrong to classify nudity as essentially obscene

Earlier Fathima’s appeal against the case was dismissed by a trial court. She explained the high court that naked torso of a woman is sexualised in all contexts whereas men can walk bare chested. Responding to this the court said, “It is wrong to classify nudity as essentially obscene and or even in descent and immoral.”

Notions of morality are inherently subjective

The High Court recognized that some people consider female nudity as taboo and think it is only for eroticism but the main intention behind uploading the video was to expose this double standard. It also mentioned that there are murals, statues of deities in ancient temples which are seminude and are considered holy. It further added that notions of morality are inherently subjective, defining that adultery, consensual same sex marriage and live in relationships are not considered moral by the society but are legal acts.

Also Read: The Aim Of My Life Is To Empower Women: Chief Minister Shivraj Singh Chouhan

 

 

 

 

 

 

Shivanshi Srivastava

Recent Posts

Supreme Court Extends Relief To Udhayanidhi Stalin In Sanatan Dharma Remarks Case

The court extended his exemption from appearing in lower courts until February and granted four…

2 minutes ago

Supreme Court Issues Notices To CBI & ED On Manish Sisodia’s Bail Request

On Friday, the SC issued notices to the CBI and ED regarding Manish Sisodia's request…

23 minutes ago

AI & Surveillance Systems To Revolutionize Maha Kumbh 2025 Experience

The UP government is using AI, social media, and surveillance to ensure safety for 45…

49 minutes ago

Maha Kumbh 2025: Ultra-Modern Cruises To Become A Key Attraction For Devotees

The Yogi Adityanath-led UP government will introduce luxury cruises to transport devotees from Kashi to…

2 hours ago

Aam Aadmi Party Kicks Off ‘Revdi Par Charcha’ Campaign Ahead Of Delhi Elections

On Friday, AAP launched its 'Revdi Par Charcha' campaign to engage Delhi residents in the…

2 hours ago

Canada Denies Allegations Against Indian Leadership; Rejects Criminal Links

The Canadian govt addressed allegations linking Indian leaders to criminal activities, stating there is no…

3 hours ago