The petitioner has contended that female nudity per se will not constitute obscenity and children painting on their mother’s body cannot be construed as child abuse.
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Is female nudity obscenity? Plea asks Supreme Court to decide

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The petition, an anticipatory bail plea, has been filed by Fathima AS, an activist from Kerala, who is apprehending arrest for offences under POCSO Act and IT Act after she uploaded a video on social media of her two minor children painting her naked body.

A plea in the Supreme Court has sought examination on whether female nudity would per se constitute obscenity necessitating invocation of penal provisions by authorities under Protection of Children from Sexual Offences (POCSO) Act and Information Technology Act (IT Act)

The petition, an anticipatory bail plea, has been filed by Fathima AS, an activist from Kerala, who is apprehending arrest for offences under POCSO Act and IT Act after she uploaded a video on social media of her two minor children painting her naked body.

The petitioner has contended that female nudity per se will not constitute obscenity and children painting on their mother’s body cannot be construed as child abuse.
The petitioner has contended that female nudity per se will not constitute obscenity and children painting on their mother’s body cannot be construed as child abuse.

“The petitioner, while being semi-nude, has allowed her body to be used a canvas for her children to paint on and there can probably be nobody, except a pervert, who would be aroused to sexual desire by seeing the nature of the work,” the petition drawn by advocate Renjith Marar said.

“The petitioner, while being semi-nude, has allowed her body to be used a canvas for her children to paint on and there can probably be nobody, except a pervert, who would be aroused to sexual desire by seeing the nature of the work,”

A case was registered against Fathima after she uploaded the video on social media in June which later went to stir furore for offences of child pornography under POCSO Act for publishing such content which is an offence under the IT Act.

The Kerala high court had rejected her anticipatory bail plea on July 24.

Continued…Read full original article…

Source: Hindustan Times

Original publication 27 July, 2020

Posted on NatCorn 7th August 2020

Reference to an article does not infer endorsement of any views expressed.

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