Rehana Fathima raised legal issues relating to the application of the POCSO.
New Delhi:
Rehana Fathima, a controversial activist from Kerala, has contacted the Supreme Court to challenge a Kerala High Court order denying her bail in the case linked to a video of her children painting over her semi-naked body.
Fathima addressed the highest court, claiming that the lawsuit against her violated her fundamental right to life, liberty and dignity under article 21 of the constitution.
She, in her petition presented on Monday, said she had fully cooperated with the investigation and that her conduct had been exceptional.
Recently, the Kerala High Court refused to grant him bail before his arrest and observed that the video constituted obscene depiction of children for the purposes of > and attracted offenses under article 13 of the Protection of children against sexual offenses. Law (POCSO) and Article 67B of the Law on Information Technology (IT Law).
Fathima raised questions of law relating to the application of POCSO and the provisions of the IT law against it. Nudity in and of itself cannot be treated as obscenity, Fathima said, challenging the High Court’s invocation of POCSO Article 13.
Fathima, in her plea to the highest court, said: “The goddesses of Kerala are frequently depicted in idols and topless murals. When we pray in the temple, the feeling is not of sexual arousal but of divinity.
“Does female nudity (even when it is not visible) in itself constitute obscenity?” Can children painting over their mothers’ bodies be considered “sexual satisfaction” and “child abuse” under these strict laws? ” Asked Fathima.
The plea said that there probably can not be “nobody but a pervert” who would be turned on to “sex drive” by seeing the nature of the job.
“The petitioner’s message accompanying the video edited online makes it clear that she intended to normalize the female form of her children and not let distorted ideas of sexualization take over their minds,” the plea reads.
(Except for the title, this story was not edited by GalacticGaming staff and is posted from a syndicated feed.)
