Nudity cannot always be considered obscenity, HC dismisses case against activist, made video of children getting body painted

Justice Kausar E said in his decision that showing a woman’s body naked cannot be considered obscenity. He said that anyway Rehana Fatima had covered the upper part of her body with body paint while making the video.

The Kerala High Court has quashed a case against activist Rehana Fathima in which she was named after she posted a video on social media in which she was seen getting her upper body painted by her young children. The police had registered a case against Rehana considering this video as objectionable. But the High Court in its judgment dismissed the allegations.

Justice Kausar E said in his decision that showing a woman’s body naked cannot be considered obscenity. He said that anyway Rehana Fatima had covered the upper part of her body with body paint while making the video. The children were painting on his body. The court said that making a video is a political expression of Rehana whereas we can consider the art of children as an artistic expression.

The High Court reprimanded the prosecution and said – why did the children get involved in all the cases

The High Court reprimanded the prosecution and said that it was shameful to drag children into this case. His age is not such that he should be brought to the court and asked baseless questions. The court, while dismissing the case registered against Rehana Fatima, said that it was sheer excess. The court said that obscenity is not going to spread just by showing the upper part of the woman’s body naked. Nor can this type of video be considered provocative to any person. The court said that the woman did not show her chest naked. There was body paint.

The court said in its decision that there is nothing wrong with children getting art done on their bodies. We cannot put it in the category of obscenity. The court said that expressing one’s feelings is not obscenity. Some people felt bad that’s why we cannot file a case against Rehana.

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Subrat Pathak, a favorite of PM and Yogi Adityanath, is on Akhilesh’s target since the FIR was lodged against him for attacking the police.

Rehana Fatima had posted the video on social media while getting children to make art on her body. It was posted with the hashtag ‘Body Art and Politics’. After receiving the complaint, the police arrested Rehana by registering a case under Section 67B of the IT Act, Section 75 of the JJ Act along with the Paxo Act. Rehana pleaded for justice by filing an appeal in the Kerala High Court to get relief.

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