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The right of autonomy over one's body is often denied to the fairer sex and they are bullied, discriminated against, isolated and persecuted for making choices about their bodies and lives, the Kerala High Court said on Monday while discharging a women's rights activist in a POCSO case.
Rehana Fathima, a woman's right activist, was facing charges under various provisions of the POCSO, Juvenile Justice and the Information Technology (IT) Acts for circulating a video in which she was seen posing semi-nude for her minor children, allowing them to paint on her body.
Discharging her from the case, Justice Kauser Edappagath said that from the allegations against the 33-year-old activist, it was not possible to anyone to infer that her children were used for any real or simulated sexual acts and that too for sexual gratification.
The court said that she only allowed her body to be used as a canvas for her children to paint on.
Agreeing with her contentions, Justice Edappagath said that painting on the upper body of a mother by her own children as an art project "cannot be characterised as a real or simulated sexual act nor can it be said that the same was done for the purpose of sexual gratification or with sexual intent".
The judge said it was "harsh" to term such an "innocent artistic expression" as a usage of a child in a real or simulated sexual act.
"There is nothing to show that the children were used for pornography. There is no hint of sexuality in the video. Painting on the naked upper body of a person, whether a man or a woman, cannot be stated to be a sexually explicit act," the court said.
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Rehana Fathima, a woman's right activist, was facing charges under various provisions of the POCSO, Juvenile Justice and the Information Technology (IT) Acts for circulating a video in which she was seen posing semi-nude for her minor children, allowing them to paint on her body.
Discharging her from the case, Justice Kauser Edappagath said that from the allegations against the 33-year-old activist, it was not possible to anyone to infer that her children were used for any real or simulated sexual acts and that too for sexual gratification.
The court said that she only allowed her body to be used as a canvas for her children to paint on.
Agreeing with her contentions, Justice Edappagath said that painting on the upper body of a mother by her own children as an art project "cannot be characterised as a real or simulated sexual act nor can it be said that the same was done for the purpose of sexual gratification or with sexual intent".
The judge said it was "harsh" to term such an "innocent artistic expression" as a usage of a child in a real or simulated sexual act.
"There is nothing to show that the children were used for pornography. There is no hint of sexuality in the video. Painting on the naked upper body of a person, whether a man or a woman, cannot be stated to be a sexually explicit act," the court said.

"Nudity Shouldn't Be Tied To Sex": High Court Cancels Case Against Woman
The right of autonomy over one's body is often denied to the fairer sex and they are bullied, discriminated against, isolated and persecuted for making choices about their bodies and lives, the Kerala High Court said on Monday.
