Activist Rehana Fathima on Friday has moved the Kerala High Court seeking anticipatory bail, apprehending arrest with respect to cases filed against her for allegedly circulating a video of her posing semi-nude. The application was moved a day after a search was carried out at her residence by the police and her mobile phone and laptop were seized in connection with the video.
The video was posted on her facebook account using the hashtag #BodyArt and Politics, in which she was seen posing semi-nude for her minor children, allowing them to paint on her body.
“No child who has seen his own mother’s nakedness and body can abuse the female body.” the post read
The activist, in her bail blea while stating that she has been an activist who has been fighting a battle against body discrimination, also urged that as far as the discussion on body and body parts are concerned, there needs to openness.
According to the activist, the allegations against her would prima facie not constitute any offence punishable which are non-bailable in nature.
The petitioner also stated that, children need to be imparted sex education and made aware of the body and its parts as well enabling them to view it as a different medium altogether rather than seeing it as a sexual tool alone. Instituting a crime and prosecuting a person for the offence cannot be done because of allegation of the prosecution and public outcry on the issue.
A case was registered by Kochi city police under both POCSO Act and IT Act after a report was filed by the cyber wing of Kerala police, against her for posting the video.
A complaint was also lodged by BJP OBC Morcha leader AV Arun Prakash, after which the Pathanamthitta district police had booked her under the Information Technology Act and the Juvenile Justice Act.
However, the Kerala State Commission for Protection of Child Rights asked the police to register a case against her. The commission asked for a report on the matter from the district police chief in 10 days, and directed them to register a case against her under various sections of the Protection of Children from Sexual Offences (POCSO) Act. When the police had reached her house, she was not there and then later she filed an anticipatory bail plea in the High Court.
-India Legal Bureau