https://thewire.in/law/naked-body-of-a-woman-shouldnt-be-deemed-sexual-by-default-kerala-high-court
The Kerala high court on Monday (June 5) made important observations about the differing ways society treats nudity for male and female bodies, and said that nudity should not always be tied to sex.
“Nudity should not be tied to sex. 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 context,” Justice Kauser Edappagath said, according to Bar and Bench.
In his judgment on Monday, Justice Edappagath said society’s differing attitudes towards male and female nudity was hypocritical. “Body painting on men is an accepted tradition during ‘Pulikali’ festivals in Thrissur, Kerala. When ‘Theyyam’ and other rituals are performed at the temple, painting is conducted on the bodies of male artists. The male body is displayed in the form of six-pack abs, biceps etc. We often find men walking around without wearing shirts. But these acts are never considered to be obscene or indecent,” he observed.
06/06/2023