New Delhi, August 7: The Supreme Court on Friday rejected a plea filed by activist Rehana Fathima to challenge the Kerala High Court order that refused to grant her anticipatory bail in connection with a case registered under the POCSO Act and IT Act over her controversial video. Rehana Fathima had uploaded a video clip titled 'Body Art and Politics' on YouTube, showing her two children painting on her semi-naked body. 'Unbecoming of Indian Woman to Sleep After Being Ravished', Says Karnataka High Court While Granting Anticipatory Bail to Rape Accused.
Junking Fathima's plea, a bench headed by Justice Arun Mishra observed that her act in the video would give children the wrong impression about the country’s culture. He remarked that it was an act to spread obscenity. "You might be an activist, but why do you do all these? What kind of nonsense is this? What impression will your kids get about the culture of the country?" Justice Mishra asked. "It is an obscenity. And you are spreading it. It will leave a very bad taste," he added. Sex on False Promise of Marriage Does Not Amount to Rape: Orissa High Court.
During the hearing, Senior counsel Gopal Sankaranarayanan, who appeared for Fathima, argued that her client had been booked under provisions relating to child pornography and not obscenity. "How can it be child pornography? The children are fully clothed," he submitted. "Does female nudity (even when not visible) per se constitutes obscenity?" he asked. Justice Mishra said that the court was not interested in such a case.
The bench, also comprising Justices BR Gavai and Krishna Murari asked the counsel: "How can you make use of children for this?" Fathima's counsel contended that her stand has always been that if a man is semi-naked, there is nothing sexual about it. But if a woman does so, it is considered obscene, the counsel pointed out. Justice Mishra said that the Kerala High Court had already looked into the merits of the case and dismissed her plea.
(The above story first appeared on LatestLY on Aug 07, 2020 03:23 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).