Based on a complaint that was filed by a local BJP
leader in the semi-nude video case, the Kerala High Court dismissed the
activist Rehana Fathima’s anticipatory bail petition.
On Friday, activist
Rehana Fathima’s
petition for anticipatory bail was quashed by the Kerala High
Court, giving way for
her arrest in connection with a video she uploaded on different social media
platforms.
Activist Rehana Fathima to
approach The Supreme Court:
The video shows her two minor children painting on her semi-nude body and it went viral in the web space. A BJP leader filed a complaint at the Ernakulam Town police station, and Fathima was booked under the sections 13,14, and 15 of the POCSO Act, Information Technology Act’s section 67B(d) and section 75 of the Juvenile Justice Act. Post the Kerala High Court’s decision, Fathima said that she will be approaching the Supreme Court of India for relief on the issue.
The HC bench of Justice
observed the video:
The High Court bench of Justice
PV Kunhikrishnan observed the video and said that in their opinion, the accused
used children for sexual gratification. The court stated,” The expression of
the petitioner, while the children are painting on her breast, is also
important. Whether that amounts to the use of the children for sexual
gratification can be finally decided only after a custodial investigation of
the petitioner.”
No offence can be taken if the
semi-nude painting happens within the four walls of your home says Kerala HC:
The court appreciated the
talents of the children but reiterated that there cannot be any offence if the
act of painting a semi-nude body happens within the four walls, but if it
uploaded in the public space then there is a problem. The court then dismissed
Fathima’s justification that she was teaching her children sex education by uploading the video, and quashed the
anticipatory bill.