In an unprecedented and pathbreaking decision, Kerala High Court has asserted that the mere sight of a woman’s bare upper body cannot be categorised as obscene. This audacious statement challenges societal norms and addresses the hypocrisy of different standards applied to the male and female form.
Nudity – A Matter of Perception
Justice Kauser Edappagath emphasised that nudity should not be immediately linked with sexual connotations. This landmark statement brings attention to the fact that female nudity is often regarded as an art form, citing the nude female sculptures in temples as an example.
Dismantling Stereotypes: A Historic Perspective
In a bold move, the judgement drew parallels with the history of protests against ‘breast tax’ by women in British-ruled Kerala. The High Court underlined the historical context, emphasising how women fought for the right to cover their breasts, thereby questioning the labelling of nudity as inherently obscene.
Art, Divinity, and the Female Form
Highlighting the paradox in societal norms, the judgement pointed to the plethora of semi-nude murals, statues, and artworks displayed in ancient temples across the country. Such pieces, considered sacred and artistic, contradict the default association of female nudity with obscenity.
Unveiling Hypocrisy: A Need for Equality
The ruling spotlighted the inherent bias in how society views male and female nudity, pointing out the unjust ‘sexualisation’ of the female form. In a stark critique, the High Court stated that such biases only exist among those who view women’s bodies purely as objects of desire.
Challenging Conventional Views
With this historic judgement, Kerala High Court is challenging the age-old societal norms surrounding nudity and obscenity. By advocating for a more balanced view of the female form, it provides a significant step forward in creating a more equal society. It remains to be seen how this ruling will influence public perceptions and future discussions on gender equality.
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