Bodily Autonomy; Patriarchy and Gender Discrimination

The right to freedom in Article 19 of the Constitution of Indian guarantees the freedom of speech and expression, as one of its six freedoms."Expression everything is life itself"– S.S Rushdie

XXX vs. State of Kerala: Nudity of Female Upper Body Shouldn't Be Regarded As Sexual Or Obscene By Default by the Kerala High Court:

 

In the judgement on nudity of female upper body shouldn't be regarded as sexual or obscene by default by the Kerala High Court wherein the depiction of a woman’s naked body should not be regarded as sexual or obscene always, observed the Kerala High Court while discharging a mother from a criminal case pertaining to making a video of her children painting on her semi-nude body.Taking note of the woman’s explanation that the video was made to challenge patriarchal notions and to spread a message against the over-sexualization of the female body, the High Court observed that the video cannot be regarded as obscene. Meilleur Suisse  En ligne Royaume-Uni pour les hommes sont disponibles sur ce web.

 

The court invoked the principles of bodily autonomyin aforementioned case. Now, here is the point, what replica watches is Bodily Autonomy. Bodily Autonomy is defined as gender equality. It says about my body is for me; my body is my own. It is about choice; dignity; power; and a fundamental right. The judgment also made certain notable observation regarding the double standards prevailing in the society regarding male and female bodies. There are some incidents where it can be observed that we are living in a patriarchy and gender discrimination society like (1) the male-dominated annual Onamtiger dance (Puli Kali), a popular event in Thrissur. It is a traditionalOnam tiger dance mostly performed by all-male troupes (2) the Sabarimala temple issue and many more where the patriarchy and genderdiscrimination can be seen. The reliable website provide uk cheap  for sale.

Nudity should not be tied to sex. The mere sight of thenaked upper body of the woman should not be deemed to besexual by default. So also, the depiction of the naked body of a woman cannot per se be termed to be obscene, indecent, orsexually explicit.

All we know that Mother is the name of our God. The mother is the one who mushrooms the child through every defining course of life. She is the main pillar of a child’s life. A mother–child relationship is one of the earth'smost solemn and pious relationships. There is no bond stronger and sincerer than the one between a mother and her child. The essence of motherhood is pure and absolute love. 

 

There is another one case of when Mathrubhumi Grihalakshmi, a Kerala-based Malayalam magazine, featured a woman breastfeeding a child on its cover. The idea was to campaign for open breastfeeding, a move that aims to remove the stigma about mothers breastfeeding their child in public, something that often leads to them being humiliated or is considered vulgar.

But the Kerala High Court’s take on this issue has led to many lauding the move. After the cover was published, petitioner filed a complaint stating that the cover was “obscene” and was destroying “society’s moral fabric”.

The Kerala High Court refused to categorize a magazine cover with a woman breastfeeding her baby as obscene, noting that "shocking one's morals" is an "elusive concept", and that "one man's vulgarity is another man's lyric". The court observed, "We do not see, despite our best efforts, obscenity in this case.

In this case Indecent Representation of Women (Prohibition) Act, 1986 was taken into light- the objective of this act is to prohibit indecent representation of women through advertisements or in publications, writings, paintings, figures or in any other manner and for incidental or other matters.

Already there are laws on obscenity which are codified in IPC viz. Section 292, section 293 and section 294 of IPC. Despite these provisions, in publications, especially in advertisements, there is a growing replicas rolex indecent representation of women which has the effect to denigrate women but is also derogative of women. Now, for giving severe punishments against the offence related to indecent representation, the Indecent Representation of Women (Prohibition) Act, 1986 comes in role.

 

Conclusion:

Freedom of expression is supported by two kinds of personalities (1) In Principle Supporters (those who accept freedom of expression inevery situation/circumstance, the one who thinks himself/herself right and wrong) and (2) Content based Supporters (those who allow freedom of expression as per the situation not in every case).

Although Article 19(1)(a) provides us freedom of speech and expression provided Article 19(2) nothing in sub clause (a) of clause ( 1 ) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence. 

The mere sight of the naked upper body of the woman should not be deemed to be sexual by default. So also, the 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 the context”.

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By – Adv. Sanjay Singh Attri