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

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 18 Q. NO. 681 TO 720)

THE ADVOCATES ACT, 1961 (PAPER 01 Q. NO. 1 TO 10)

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

THE ARBITRATION AND CONCILIATION ACT, 1996 (PAPER 03 Q. NO. 61 TO 90)

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

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

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

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

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THE INDIAN EVIDENCE ACT, 1872 (PAPER – 08 Q. NO. 281 TO 320)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 18 Q. NO. 681 TO 720)

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

THE CHHATTISGARH LAND REVENUE CODE, 1959 (PAPER 01 Q. NO. 1 TO 11)

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THE INDIAN EVIDENCE ACT, 1872 (PAPER – 13 Q. NO. 481 TO 520)

THE HINDU MARRIAGE ACT, 1955 (PAPER -5 Q. NO. 101 TO 134)

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

RAJASTHAN LOWER JUDICIAL SERVICES 2021

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 07 Q. NO. 241 TO 280)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 18 Q. NO. 596 TO 623)

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

THE SPECIFIC RELIEF ACT, 1963 (PAPER – 04 Q. NO. 106 TO 140)

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THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 18 Q. NO. 681 TO 720)

CLAT 2013

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

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 08 Q. NO. 281 TO 320)

THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 (PAPER 02 Q. NO. 31 TO 60)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 04 Q. NO. 121 TO 160)

THE COPYRIGHT ACT, 1957 (PAPER 01 Q. NO. 1 TO 7)