After the Kerala Police filed a case against Rehana Fathima for allegedly having circulated a video showing her children painting on her semi-nude body, the activist has moved an anticipatory bail plea before the Kerala High Court.
The allegation made against Rehana Fathima is that she had caused her children to paint on her nude body and posted a video of the same on Facebook and YouTube.
The plea filed through Advocates V John Sebastian Ralph, B Renjith Marar, U Jayakrishnan and Surbhisanthosh asserted that Rehana Fathima has been falsely implicated in the case.
The plea submitted,
The petitioner also believes that so far as the children are concerned they need to be given sex education and they also need to be made aware of the body and the body parts as well in which event they would mature themselves to view the body and the body parts as a different medium altogether rather seeing it as a sexual tool alone. The petitioners body was used for painting and the same was broadcasted in social media.”
Fathima asserted that the same does not constitute an offence. The Police had filed a criminal complaint citing charges under Section 67B(d) of the Information Technology Act and Section 75 of the Juvenile Justice Act.
The petition contended,
“… the morality of the society and the public outcry cannot be a reason and logic for instituting a crime and prosecuting a person for the offence.”
“… no non-bailable offence is attracted going by the allegations levelled against the petitioner and the custody and the arrest of the petitioner in a case of this nature only based on the public outcry is totally unwarranted”, it is argued.
Rehana Fathima’s plea
Therefore, the High Court has been urged to grant Fathima anticipatory bail in matter.
Read the bail memo here:
