"Society Thought I Used My Children...": Woman After Win In "Nudity" Case

The debate around nudity, sexuality, obscenity and the right of a woman over her body is back in focus after an order of the Kerala High Court on Monday. The court ruled in favour of Rehana Fathima -  a woman's rights activist - who courted controversy for circulating a video in which she was seen posing semi-nude with her minor children. "Nudity should not be tied to sex... A mother-child relationship is one of the earth's most solemn and pious relationships," the court observed, discharging her from the case.

"Only a woman has the right to her body. Don't feel ashamed of it. Respect your body," was the activist's message for society after her big court win.

Ms Fathima, who embodied the debate on sexuality as she fought the case in court, told NDTV what she had to endure in the process.

"My children were (confused) that they just made a painting on their mother's bodies and she had to go to jail for that. They were very disturbed because I was sent to 15-day jail. The society thought that I used my children for my satisfaction but it was not like that. We need to change the stereotype," she said.

The 33-year-old activist was facing charges under various provisions of the Protection of Children from Sexual Offences (POCSO), Juvenile Justice and the Information Technology (IT) Acts for circulating a video in 2020 - titled "Body and Politics" - in which she was seen posing semi-nude while her minor children painted on her body.

"I told people I want my children to learn from their mother's body and treat all bodies with respect. I don't want them to see a woman's body as goods, just (meant) for sexual satisfaction," she said.

Rehana Fathima said that her children are "very happy with the court verdict".

Justice Kauser Edappagath said that she only allowed her body to be used as a canvas for her children to paint on.

The order came on Ms Fathima's appeal against a trial court decision dismissing her plea to be discharged from the case.

In her appeal to the high court, she asserted that the body painting was meant as a political statement against the default view of society that the naked upper body of the female is sexualised in all contexts, whereas the naked male upper body is not treated similarly.

Agreeing with her contentions, the court said that nude display of the upper body of men is never considered obscene or indecent and is not sexualised, but "a female body is not treated in the same way".

"Every individual is entitled to the autonomy of his/her body - this is not selective on gender. But we often find this right is diluted or denied to the fairer sex," the court said.

Justice Edappagath said that the lower court completely overlooked the context in which the video was published and the message it had given to the public at large.

The court also noted that even from the statements given by Fathima's children, they are loved and cared for by their mother.