Explained | Rehana Fathima case: Obscenity laws and the policing of female sexuality
The HinduIn June 2020, activist Rehana Fathima posted a video showing her 14-year-old son painting a phoenix on her semi-nude torso while her eight-year-old daughter sat beside her painting on paper. Obscenity to be viewed in context At the outset, Justice Dr. Kauser Edappagath underscored the importance of viewing the video in the context of Fathima’s larger message and observed, ‘The mere sight of the naked upper body of the woman should not be deemed to be sexual by default. An action is permissible if it does not violate any of the laws of the land.’ No sexual intent The Court also ruled that the essential ingredient of ‘sexual intent’ in POCSO offences was missing in this case and that there is nothing wrong with a mother allowing her body to be used as a canvas by her children in a bid to sensitize them to the concept of viewing nude bodies as normal. To term this innocent artistic expression to be ‘usage of a child in the real or simulated sexual act’ is harsh.” Long history of activism Notably, the court acknowledged that the video should be seen in the context of Fathima’s long history of battling patriarchy and hyper-sexualisation of women in society. The Supreme Court held that unless “the obscenity has a ‘preponderating social purpose or profit,’ it would amount to appealing to the ‘carnal side of human nature’” and therefore not enjoy the constitutional protection of free speech and expression.
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