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Sonu Upadhyaya.

Integrity Score 100

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The court opined that there is nothing wrong if a mother allows her children to use her body as a canvas to paint so that they can be sensitised to viewing nude bodies as normal.portrayal of a woman’s naked body should not always be seen as sexual or obscene, the Kerala High Court said as it discharged a woman from a criminal case for making a video of her children painting on her semi-nude body. The court also noted the mother’s explanation that she made the video to challenge patriarchal notions about female bodies and for the sex education of her children. The video cannot be regarded as obscene, the court observed.The court said: “The mere sight of the naked upper body of the woman should not be deemed to be sexual by default. So also, depiction of the naked body of a woman cannot per se be termed to be obscene, indecent or sexually explicit. The same can be determined to be so only in context.”

Invoking the principles of body autonomy, Justice Kausar Edappagath said, “The autonomy of the male body is seldom questioned, while the body agency and autonomy of women or under constant threat in a patriarchal structure, women are bullied, discriminated against, isolated and prosecuted for making choices about their bodies and lives.”