| Kochi |
Updated: July 24, 2020 4:26:25 pm
The Kerala High Court Friday dismissed activist Rehana Fathima‘s petition for anticipatory bail, paving the best way for her arrest in reference to a video she uploaded on social media platforms that confirmed her two minor kids portray on her semi-nude physique.
Fathima has been booked underneath sections 13, 14, and 15 of POCSO Act, part 67B(d) of the Information Technology (IT) Act, and part 75 of the Juvenile Justice Act on the Ernakulam Town police station primarily based on a criticism filed by a neighborhood BJP chief.
Fathima has now mentioned that she is going to method the Supreme Court for aid.
The excessive court docket bench of justice PV Kunhikrishnan noticed that prima facie it’s of the opinion that the accused used the kids for the aim of sexual gratification as the kids are portray on a unadorned physique of their mom.
“The expression of the petitioner, whereas the kids are portray on her breast, can be vital. Whether that quantities to the usage of the kids for the aim of sexual gratification might be lastly determined solely after a custodial interrogation of the petitioner,” the court docket noticed.
“According to the petitioner, she is instructing her kids intercourse training by importing this video. As I mentioned earlier, if this portray on the bare physique of the petitioner occurred throughout the 4 partitions of the home of the petitioner, there can’t be any offence. After watching the image painted by the kids, I’ve no hesitation to understand the skills of the kids. They deserve encouragement. But not in the best way the petitioner inspired them by importing this video. The petitioner, when shot and uploaded these movies in social media, additionally claims that she needs to show intercourse training to the kids within the society. I can not settle for this stand of the petitioner,” the choose famous within the order, dismissing her petition for bail.
The court docket underlined that it was making these observations solely to resolve the contentions raised by the activist and that the investigative officer should probe the matter untrammeled by the observations.
Fathima, who courted controversy in 2018 by trying to supply prayers on the Sabarimala temple within the wake of the Supreme Court judgment, contended in her petition that kids should be given intercourse training in order that they will mature themselves to view physique components as a distinct medium altogether slightly than see it alone as a sexual software.
The activist mentioned morality and public outcry can’t be the premise of logic for instituting a criminal offense and prosecuting an individual. She had argued that her video on social media platforms can’t be seen in isolation with out understanding the message that was conveyed together with the video.
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