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”.

Go for legal updates at www.juscuriam.com or www.dimplejindal.com

Sample Mock Tests for Practice

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 10 Q. NO. 361 TO 400)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 03 Q. NO. 81 TO 120)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 06 Q. NO. 176 TO 210)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 21 Q. NO. 801 TO 840)

THE MADHYA PRASESH LAND REVENUE CODE, 1959 (PAPER 01 Q. NO. 1 TO 30)

CLAT 2022

THE INDIAN FORESTS ACT, 1927 (PAPER 01 Q. NO. 1 TO 43)

DELHI LOWER JUDICIARY 2010

THE INDIAN CONTRACT ACT, 1872 (PAPER – 04 Q. NO. 106 TO 140)

THE LIMITATION ACT, 1963 (PAPER 03 Q. NO. 81 TO 120)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 03 Q. NO. 81 TO 120)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 06 Q.NO. 201 TO 240)

THE CONSUMER PROTECTION ACT, 1986 (PAPER 01 Q. NO. 1 TO 13)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 08 Q.NO. 281 TO 320)

MADHYA PARDESH LOWER JUDICIAL SERVICES 1998

THE COMMERCIAL COURTS ACT, 2015 (PAPER 01 Q. NO. 1 TO 12)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 16 Q. NO. 526 TO 560)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 08 Q. NO. 246 TO 280)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 16 Q. NO. 601 TO 640)

AILET – National Law University Delhi Entrance Test (NLU 2018)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 13 Q. NO. 481 TO 520)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 12 Q. NO. 386 TO 420)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2014

GUJRAT LOWER JUDICIAL SERVICES 2019(1) & (2)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 17 Q. NO. 561 TO 595)

THE SPECIFIC RELIEF ACT, 1963 (PAPER – 07 Q. NO. 211 TO 231)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 02 Q. NO. 36 TO 70)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 05 Q. NO. 141 TO 175)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 13 Q. NO. 421 TO 455)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 20 Q. NO. 761 TO 800)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 08 Q. NO. 246 TO 280)

THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 (PAPER 01 Q. NO. 1 TO 30)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 01 Q.NO. 1 TO 40)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 04 Q. NO. 121 TO 160)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2007-2

CLAT 2017