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

CLAT 2021

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 15 Q. NO. 561 TO 600)

CLAT 2012

THE NEGOTIABLE INSTRUMENTS ACT, 1881 (PAPER 03 Q. NO. 81 TO 120)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 06 Q. NO. 201 TO 240)

RAJASTHAN LOWER JUDICIAL SERVICES 2019

RAJASTHAN LOWER JUDICIAL SERVICES 2011

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 02 Q.NO. 41 TO 80)

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

THE SALE OF GOODS ACT, 1930 (PAPER – 01 Q. NO. 1 TO 35)

AILET – National Law University Delhi Entrance Test (NLU 2016)

THE LAW OF TORTS (PAPER 02 Q. NO. 46 TO 90)

THE COMPANIES ACT, 1956 (PAPER 01 Q. NO. 1 TO 19)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 13 Q. NO. 421 TO 455)

AIBE-XIII-2018-II (BCI-DEC-2018-SET-A) (ALL INDIA BAR EXAM 2018-II)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 09 Q. NO. 281 TO 315)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 10 Q. NO. 316 TO 350)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 09 Q. NO. 321 TO 360)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 16 Q. NO. 601 TO 640)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2016-2

CLAT 2023

THE CONSTITUTION OF INDIA, 1949 (PAPER – 03 Q. NO. 71 TO 105)

MADHYA PARDESH LOWER JUDICIAL SERVICES 2019

HARYANA LOWER JUDICIAL SERVICES 2018

THE LAW OF ADMINISTRATION (PAPER 01 Q. NO. 1 TO 30)

THE COURT FEES ACT, 1870 (PAPER 01 Q. NO. 1 TO 7)

CLAT 2013

CLAT 2019

DELHI LOWER JUDICIARY 2008

THE HINDU MARRIAGE ACT, 1955 (PAPER NO.: 04 Q. 76 TO 100)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 15 Q. NO. 561 TO 600)

HARYANA LOWER JUDICIAL SERVICES 2021

THE TRADE MARKS ACT, 1999 (PAPER 01 Q. NO. 1 TO 8)

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

MADHYA PRADESH LOWER JUDICIAL SERVICES 2018(2)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 11 Q. NO. 351 TO 385)