Rehana Fathima who shot to fame throughout her desperate and failed bid to enter the Bhagwan Ayyappa temple at Sabarimala in 2018 has observed her bail plea rejected by the Kerala Higher Court docket. She has now moved to the Supreme Court in a bid to obtain anticipatory bail. Fathima is in the dock for endorsing obscenity immediately after she posted a movie of her semi-nude overall body where by her minor little ones can be seen painting on her bare physique.
Fathima who was booked previous thirty day period beneath the Info Technology Act and the Juvenile Justice Act based mostly on a grievance by BJP OBC Morcha chief A V Arun Prakash. Fathima posted a online video where her slight young children can be seen painting her semi-nude overall body which went viral.
She moved to the Kerala HC for a pre-arrest bail on July 24, nevertheless, the Kerala HC has dismissed her application prompting Fathima to shift to the Supreme Court. The Substantial Courtroom in its judgement noticed that the online video amounted to an obscene illustration of youngsters for the purposes of sexual gratification, attracting offences below Area 13 of the Defense of Children from Sexual Offences Act (POCSO) and segment 67 B of Data Know-how (IT) Act.
Fathima argued prior to the courtroom that there’s a difference in between nudity and obscenity and nudity per se can not be dealt with as obscenity.
Her petition states that, “The petitioner, when currently being semi-nude, has permitted her human body to be made use of as a canvas by her little ones to paint on, and there can probably be nobody apart from a pervert who would be aroused to sexual want by observing the mother nature of the work”.
It further included that “There has been no indecent or obscene illustration of a youngster in this situation – they merely paint in an expressionless way as small children do. It is as a result impossible to conclude that any boy or girl was utilized for sexual gratification.”
Even so, Justice PV Kunhikrishnan rejected Fathima’s arguments, as he mentioned that after observing the video clip he can not say that there is no obscenity associated.
In a strongly-worded judgement, the Large Courtroom noticed that “the petitioner takes advantage of the youngsters for the function of sexual gratification mainly because the children are represented in the video clip in an indecent and obscene way as they are painting on a naked overall body of their mother”.
The Kerala Higher Courtroom also noticed that it are unable to rule out the offence less than Part 67B of the IT Act which relates to facilitating abusing of young children on-line.
Fathima who employed to function as telecom technician at BSNL shot to fame throughout after her unsuccessful bid to enter the sanctum sanctorum of the Sabarimala shrine.
After an inquiry located her responsible of fomenting enmity concerning communities by putting up objectionable photographs and reviews on social media, BSNL sent her on compulsory retirement.
The BSNL order claimed it was not suitable that Ms Fathima “was ignorant of the implications of her actions, as public tension was currently mounting up at the position of time owing to the motion from females entry in Sabarimala.” As a result, her functions were being intentional, The Hindu quoted the purchase as saying.
For the uninitiated, Rehana Fathima experienced posted an particularly objectionable image of hers on Fb, in which she was fifty percent-dressed as an Ayyappa devotee, and captioned the picture as ‘Tatvamasi’, in an really insulting reference to tens of millions of Ayyappa devotees. Adhering to a grievance, the Pathanamthitta law enforcement arrested her and despatched her to provisional custody.