Kerala High Court Quashes Case Against Rehana Fathima Over Video Showing Her Children Painting On Her Semi-Naked Body

The Kerala High Court on Monday quashed the proceedings against controversial activist Rehana Fathima before the lower court in the matter relating to the circulation of a video that showed her children painting on her semi-nude body. 

Justice Kauser Edappagath passed the order. 

The allegation against Fathima was that she had asked her two minor children, a boy and a girl of the ages 14 and 8 years respectively, to paint on her semi-nude body, the video of which was thereafter circulated. She had contended that the act was meant to impart sex education to her children and rid the stigma about nudity.

A case was subsequently registered against Fathima under Sections 13, 14, and 15 of the Protection of Children from Sexual Offences Act, 2012 (POCSO), Section 67B (d) of the Information Technology Act, 2000 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

The High Court had earlier, dismissed her application seeking anticipatory bail in the matter, and had observed that while the accused was free to give sex education to her children in the manner she wished within the four walls of her house, by publicising the video showing children doing the painting on her naked body, she had, prima facie, attracted the offences relating to obscene representation of children.

"The petitioner feels that she should teach sex education to her children. For that purpose, she asks her children to paint on her naked body and then uploading the same in social media. I am not in a position to agree with the petitioner that she should teach sex education to her children in this manner", observed Justice PV Kunhikrishnan in the said order. 

Case Title: XXX v. State of Kerala 

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