The Kerala High Court on Friday dismissed the anticipatory bail plea of Rehana Fathima, activist in a case registered in connection with her posting of a video on social media which shows her two minor children painting on her semi-nude body.
Dismissing her bail petition, Justice P.V. Kunhikrishnan observed that prima facie, it could not be ruled out that no offences under the provisions of the the Protection of Children from Sexual Offences(POCSO) Act, under section 67B(d) of the Information Technolgy Act and Section 75 of the Juvenile Justice (Care and Protection of Children) Act had been made out against the petitioner.
“If the painting on the naked body of the petitioner happened inside the four walls of the house of the petitioner, there cannot be any offence. I have no hesitation to appreciate the talents of the children. They deserve encouragement. But not in the way the petitioner encouraged them... The petitioner, when shot and uploaded these videos in social media, she also claims that she wants to teach sex education to the children in the society. I cannot accept this stand of the petitioner,” the judge observed.
Dismissing her contention that her action did not attract the offence charged under section 13 of the POCSO Act the court further observed that prima facie, it was of the opinion that “the petitioner uses the children for the purpose of sexual gratification because the children are represented in the video uploaded in an indecent and obscene manner because they are painting on a naked body of their mother.”
The court, however, made it clear that the investigating officer should investigate the matter untrammeled by any of its observations.
The petitioner contended that her children need to be given sex education and they need to be made aware of body and body parts, which would make them not to see them as a sexual tool alone. The petitioner also argued that social morality and public outcry could not be a reason to register a case against her.
