Keywords – Nudity, female’s body, patriarchal structure.
The Kerala High Court while discharging controversial activist Rehana Fatima from a criminal case pertaining to making a video of her children painting on her semi nude body observed that the portrayal of a woman’s naked body should not be considered as sexual or obscene always. Taking note of her explanation that the video was made to challenge patriarchal notions and to spread a message against the over sexualization of the female body and said that the video can not be regarded as obscene.
The High Court observed that the video can not be regarded as obscene as their was nothing sexual about this act as it is not wrong in a mother allowing her body to be used as a canvas by her own children and that too with an aim to sensitize them of viewing nude bodies as normal. Fatima was charged charge sheeted for various offences under the POCSO Act, the Information Technology Act and the Juvenile Justice Care and Protection of Children Act.
Justice Kauser Edappagath while granting aid said that the autonomy of men’s body is seldom questioned while that of a woman’s is constantly put under threat in a patriarchal structure. The women are discriminated as well as prosecuted for making their own choices whether it be regarding their bodies or lives. The context in which the video was made was just political and artistic. Court also said that nudity should not be tied to sex. Even certain deities displayed nude in certain temples are considered holy, when one bows to pray that feeling is not sexual instead divine. The mere intention of that video was to expose the double standards of the society. In Kerala, body painting on males is considered to be an accepted tradition. Acts of males moving around with bare upper body is not considered as sexual, then why with the females, even when there was no intention? Female nudity is taboo as there is misconception in our society that it is only meant for sexual purposes.
Written by – Yashashvi Mishra, College – S S Khanna Girls Degree College, University of Allahabad, Year – 2nd year 4th semester, an intern under Legal Vidhiya
[1] https://www.livelaw.in/high-court/kerala-high-court/kerala-high-court-nudity-female-body-obscene-sexuality-230081
