Kerala activist Rehana Fathima has moved the Supreme Court seeking anticipatory bail in the case related to the controversial video with her children. Rehana was denied anticipatory bail by the Kerala High Court a few days ago.
Rehana has been booked under various sections of Protection of Children from Sexual Offences (POCSO) Act, after she uploaded on social media a video of her two minor children painting on her semi-nude body. The Kerala High Court had rejected her anticipatory bail plea stating that POCSO charges against her may stand, and that sharing the video on social media could amount to obscenity.
Rehana’s petition in the Supreme Court reiterates that she intended to spread a message to not allow ‘distorted ideas of sexualisation' in the minds of children. She also added that she allowed her children to paint on her half-nude body “like a canvas,” and that only a “pervert” could be sexually aroused by seeing such a video, reported Live Law.
The Kerala HC had stated that prima facie it looked as if the children were used for ‘sexual gratification’ in an ‘obscene’ manner. Challenging this, Rehana has reportedly said in her plea in SC that the children were painting in ‘an expressionless manner’ and that is impossible to reach at a conclusion that the kids were used for sexual gratification.
In her plea, she has also reportedly asked the Supreme Court whether female nudity (even when not visible) amounts to obscenity and whether it will amount to ‘sexual gratification’ if children painted on the body of a mother.
While sharing the video on Facebook, with the hashtag #BodyArtPolitics, Rehana had said that the video was meant to dispel the societal taboo on nudity and sex. But the High Court observed that even though she had the right to teach the kids any philosophy, it is a matter to be questioned as to whether such a video can be uploaded on social media.
Rehana has been booked under Sections 13, 14 and 15 of the POCSO Act (which deal with using a child in any media for the purpose of sexual gratification) as well as Section 67B(d) of the Information Technology Act (facilitates abusing children online) and Section 75 of the Juvenile Justice Act (punishment for cruelty to children).
Though Kochi police officials had last month reached her house in the city to arrest her, Rehana was found to be absconding. Rehana, however, in her plea in HC had said she is not absconding and will cooperate with the investigation.
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