Latest News
Back
Document:
Mother Publishing Video of Children Painting on Her Nude Body: Kerala HC Prima Facie Says its Use of Child for Sexual Gratification
On Friday, the High Court of Kerala dismissed the plea of Kerala activist Rehana Fatima seeking anticipatory bail. The court rejected her argument that she published the video showing her children draw painting on her naked body with the aim of imparting sex education.
The court said that she was free to give sex education to her children in the manner she wished within the four walls of her house, but by publicising the video showing her children painting on her naked body, prima facie she has attracted the offences relating to obscene representation of her children.
The bench of Justice PV Kunhikrishnan observed that “The petitioner feels that, she should teach sex education to her children. For that purpose, she asks her children to paint on her naked body and then uploading the same in social media. I am not in a position to agree with the petitioner that she should teach sex education to her children in this manner.”
Fathima’s video has caused widespread outrage, leading to registration of FIRs against her alleged obscene representation of children. She is booked for offences under section 13, 14 and 15 of the Protection of Children from Sexual Offences Act 2012 (POSCO), section 67B(d) of the IT Act and section 75 of Juvenile Justice Act.
The court said that the custodial interrogation of the petitioner is required to ascertain if the use of her children in the video was for ‘sexual gratification’.
Further the bench said that after seeing the video he cannot say that there is no obscenity involved: “I place myself in the position of the petitioner and from the view point of the viewers of every age group in whose hands this video is reached by uploading the same by the petitioner. After applying my judicial mind, I am not in a position to say that, there is no obscenity in the video when it is uploaded in the social media.”
The bench also clarified that these observations are made only for the purpose of consideration of bail application and only prima facie in nature, also that these should not have any bearing on the investigation and further proceedings.
Document:
