HC on Nudity of Female Upper Body: Kerala High Court Says Shouldn’t Be Regarded as Sexual Or Obscene By Default, Calls Out Society’s Patriarchal Structure

The Kerala High Court has issued a ruling stating that the exposure of a woman’s upper body should not be deemed as sexual content or obscene content. This verdict came as the court acquitted a mother who was facing criminal charges for filming her children painting on her partially uncovered body as a part of an art object.

XXX V. State of Kerala 2023 LiveLaw (Ker) 252

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. Justice Kauser Edappagath, while granting relief to the woman, invoked the principles of body autonomy. The judgment also made certain notable observations regarding the double standards prevailing in society regarding male and female bodies.

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

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