Rehana Fathima
Rehana Fathima
Litigation News

Public outcry cannot be reason for instituting crime: Rehana Fathima moves Kerala HC for anticipatory bail in case over controversial video

Fathima stands charged with offences under the IT Act and the Juvenile Justice Act on allegations that she had circulated a video where her children were shown painting on her semi-nude body.

Meera Emmanuel

aAfter 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 plea filed through Advocates V John Sebastian Ralph, B Renjith Marar, U Jayakrishnan and Surbhisanthosh asserted that Fathima has been falsely implicated in the case.

The allegation made against 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.

"These allegations primafacie would not constitute any offence punishable which are non bailable in nature", the plea asserts.

Addressing the controversy that following the circulation of the video, the plea goes on to submit,

"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."

Pertinently, however, Fathima asserts 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.

Fathima adds that any alleged offence under the Protection of Children from Sexual OFfences would also not be maintainable.

In this background, the petition goes on to contend,

"... 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."
Rehana Fathima's plea
"... 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.

Therefore, the High Court has been urged to grant Fathima anticipatory bail in matter.

The activist had earlier drawn controversy for her comments on the issue of women's entry into the Sabarimala Temple and for having attempted to enter the temple herself.

Read the Plea:

Rehana fathima Anticipatory Bail memo.pdf
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