Children need to be given sex education, painting on body under any circumstances would not constitute an offence; Rehana Fatima an activist moves Kerala HC for anticipatory bail
(Judicial Quest News Network)
Fatima had circulated a video where her children were shown painting on her semi-nude body, she is charged
under IT Act and Juvenile Justice Act.
Rehana Fatima an Activist booked by Kerala Police for allegedly having circulated her video showing her children painting on her Semi-Nude Body, have moved to Kerala High Court for anticipatory bail.
The pleas is filed through Advocates V.John.Sebastian Ralph, B.Renijith Marar, U Jayakrishnan and Surbhisantosh mentions that she has been falsely implicated in the case.
The allegation is that the petitioner has caused her children to paint her nude body and there after the same was posted through her Facebook page to the You tube Medium. These allegations prim facies would not constitute any offence punishable which are non bailable in nature.
The petitioner submitted that “The petitioner is an activist and has been fighting her won battle as against the body discrimination. It is the petitioners firm belief that there needs to be openness so far as discussions on badly and body parts are concerned and there is nothing to be shied away from Such discussions with in and outside the family as well. The petitioner also believes that so far as the children are concerned they need to be given sex education and they also needs to be made aware of the body and the body parts as well in which event they would mature themselves to view the body and the body parts as a different medium altogether rather seeing it as a sexual tool alone . The petitioner’s body was used for painting and the same was broadcasted in social media, is the allegation of the prosecution, which under any circumstances would not constitute an offence. Apart from that the morality of the society and the public outcry cannot be a reason and logic for instituting a crime and prosecuting a person for the offence.
The Police had filed a criminal complaint under Section 67B(d) of the Information technology act and Section 75 of the Juvenile Justice (Care and Protection of Children) Act 2015. Also, there is offences alleged under Sections 13,14 & 15 of the POCSO Act as well alleged against the Petitioner.
It is submitted that in “Crime : its cause and Treatment “it author
Clarance Darrow says “Judging from the kind of men sent to the State
Legislatures and to Congress, the fact that certain things are forbidden does
not mean that these things are forbidden does not mean that these things are
necessarily evil; but rather that the politicians believe there is a demand for
such legislation from the class of society that is most powerful in political
action. No one who examines the question can be satisfied that a thing is
intrinsically wrong because it is forbidden by a legislative body.” Such being the facts of law, the petitioner is being implicated and sought to be booked in an offence which is not even made out only up on a public demand, which is illegal.
The matter is listed for 29-6-2020
[Read Petition]
