Kerala high court relying on the judgement of RANJIT D.UDESHI case held that mere depiction of woman,s body cannot always be regarded as sexual or obscence .[i]
In this case there was a criminal complaint filed against a mother for making a video of her children painting on her semi- nude body. Taking note of the woman’s explanation that it was just to challenge patriarchal notions and spread a message against over sexualisation of woman’s body the court held that the video cannot be regarded as obscene.
While granting relief to the woman the court also invoked the principle of bodily autonomy and said that painting on upper body of a mother by her own children as an art project cannot be treated as a sexual act. there was nothing to show that children were used for pornography.
Thus a mere depiction of a female’s body cannot be deemed sexual ,indecent or obscene by default.The same can be determined to be so only in context.
Written by :Pratik kumar Yadav, College: faculty of law, du, intern under legal vidhiya
