The High Court also pointed out that at one time the women of the lower caste in Kerala fought for the right to cover their breasts and various ancient temples and omniscient across the country There are photographs, artefacts and statues of all the deities in places which are in a half-yearly state and are all considered ‘ holy ’
Kochi: The Kerala High Court on Monday acquitted the women’s rights activist from a lawsuit involving the Poxo law, stating that half the population does not get the right to autonomy over their bodies Due to decisions regarding their body and life, they face trouble, discrimination and punishment and are isolated Protection from sexual abuse of children against women rights activist Rehana Fatima ( POCSO) was on trial under the law, Juvenile Justice and Information and Technology Law.
Why was the lawsuit filed?
A video of Fatima surfaced a few months ago in which she stood in front of her minor children in an armored ( Semi nude ) state and allowed ‘ painting ’ on her body Was given। While acquitting Fatima, Justice Kausar Edappagath said that on the basis of the allegations leveled against the 33-year-old worker, it is not possible for anyone to decide that their children Any form ‘ andric activity ’ has been used for sexual gratification। The court stated that they simply let their bodies be used as ‘ canvas ’ to their children for ‘ illustrator ’। The Court stated, ‘ ‘ women’s right to make autonomous decisions about their bodies is at the core of their fundamental right to equality and privacy। It also comes under the independence of Article 21 of the Constitution.
Fatima challenged the High Court to dismiss the petition that had been acquitted by the lower court। In his appeal to the High Court, Fatima stated that ‘ body painting ’ was a political move against the vision of society in which everyone believes that the morsel upper part of women’s bodies Is associated with sexual gratification or sexual activity in any form while the nivastra upper part of men’s body is not seen as such। Agreeing with Fatima’s arguments, Justice Edappagath stated that the portrayal of the upper body of his mother by children as an art project is ‘real or any Can not also be seen as a sexual activity of the way, Nor can it be said that this work has been done for ( body drawing ) sexual confirmation or with the intention of sexual satisfaction.
‘Nudity and obscenity are not always synonymous’
Justice stated that linking such ‘ innocent artistic expression ’ to sexual activity in any form was ‘ cruel ’। The court stated, there is no basis to prove that children have been used for pornography। There is no sign of sexual confirmation in the video। Man or woman, drawing the upper nigger part of one’s body cannot be seen by linking it to sexual tension. The prosecution claimed that Fatima showed her upper body in the video to be nigger, so it is vulgar and rude। However, rejecting this argument, the court stated that ignorance and obscenity are not always synonymous. The court stated, It is wrong to call ignorance essentially obscene or rude or immoral.
‘Everyone has the right to autonomy over his body’
The court also pointed out that at one time the women of the lower caste in Kerala fought for the right to cover their breasts and various ancient temples and omniscient across the country There are photographs, artefacts and statues of all the deities in places which are in a half-yearly state and are all considered ‘ holy ’। The court stated that the nudity of the upper body of men is never considered vulgar or rude nor is it seen to be associated with sexual confirmation but ‘A woman’s body is not treated in the same way. The High Court stated, Everyone has the right to autonomy over their ( male and female ) body and is not gender based। but women often do not get this right or get very little.
The court stated, ‘Women are harassed due to decisions regarding their bodies and lives, they are discriminated against, They are isolated and punished. The court further noted that there are some people who consider the nudity of women as ‘ kalank ’ and only associate it with sexual confirmation, And the video released by Fatima was intended to expose this double standard present in ‘ ‘ society. Justice stated, Nagnity should not be associated with sex। Just looking at the upper body of the woman should not be associated with sexual confirmation। Therefore, the performance of women’s sleepless bodies cannot be associated with indecent, rude or sexual confirmation.
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