SC rejects activist Rehana’s anticipatory bail plea

Satya Prakash

Tribune News Service

New Delhi, August 7

The Supreme Court on Friday dismissed anticipatory bail plea of activist Rehana Fathima who’s going through prices of kid pornography beneath POCSO Act for allegedly making her kids paint her half-nude physique and importing a video of it on YouTube.

“What impression will growing up children get of the entire culture of the country?” a Bench headed by Justice Arun Mishra requested whereas dismissing her anticipatory bail plea.

“Why do you do all this? You might be activist but why do this? What kind of nonsense is this.. It is obscenity clearly. And you are spreading it. It will leave the society in a very bad taste,” Justice Mishra stated.

Senior advocate Gopal Sankaranarayanan  –representing the activist — argued that she had been charged with youngster pornography and never obscenity. “The children are fully clothed,” he stated.

“What kind of case you have brought before us? I am a little baffled,” stated Justice Mishra.

Noting that the act in query prima face fell inside the ambit of kid pornography, the highest courtroom dismissed her petition.

She had raised two points — if feminine nudity per se constituted obscenity; and if kids portray on their mom’s physique might be termed as “sexual gratification” and “child abuse”. 

The activist had moved the Supreme Court difficult the July 24 order of the Kerala High Court rejecting her anticipatory bail plea in a case registered in opposition to her beneath the POCSO Act and Information Technology Act for her controversial video involving her minor kids aged eight and 14 portray her semi-nude physique.

The High Court held there was prima facie case made out in opposition to her.

She had uploaded a video titled “Body art and politics” on YouTube exhibiting her kids portray on her semi-nude physique. 

She submitted the video had not been taken down by the platform itself as there was no nudity in it and therefore the prosecution declare of kid pornography was unfounded.

But the Kerala High Court did not purchase her arguments.

If an imagery of this nature might be printed on the web for the aim of intercourse training was a query that wanted to be determined in the end, the HC stated.

However, it held that prima facie it was problematic and coated by the reason to Section 13 of POCSO Act that handled acts involving a baby for facilitation and distribution of pornographic materials.

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