XXX Vs. STATE OF KERALA

JUDGEMENT

(1.) When you look into your mother's eyes, you know that is the purest love you can find on this Earth." - Mitch Albom.

(2.) The petitioner, a 33-year-old women's rights activist who made her mark in Kerala through her progressive stances, posted a video on her social media platforms showing her two minor children, a boy (aged 14) and a girl (aged 8), painting on her semi-nude torso carrying the hashtag 'Body Art and Politics'. The video, uploaded on YouTube and shared through her personal Facebook account, has triggered massive outrage, with several people slamming her for subjecting her children to what they considered to be an obscene and vulgar act and then posting the same for the world to see. The petitioner, on her part, defended her actions as a form of self-expression and an attempt to break free from social and cultural taboos that constrain women's bodies. The police registered a case against her, allegedly succumbing to the public outcry. After investigation, the final report was filed at the Additional Sessions Court (For the trial of cases relating to Atrocities and Sexual Violence against Women and Children), Ernakulam (for short 'the Court below') for the offences punishable under Ss. 10 r/w 9(n), 14 r/w 13(b) and 15 of the Protection of Children from Sexual Offences Act, 2012 (for short "POCSO Act"), Sec. 67B (a),(b),(c) of the Information Technology Act, 2000 (for short "IT Act"), and Sec. 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short "JJ Act").

(3.) The petitioner appeared at the Court below. She was released on bail. She filed an application for discharge under Sec. 227 of Cr.P.C. on the ground that there was no sufficient ground to proceed against her. The Court below, upon consideration of the records of the case and after hearing the submission of the petitioner and the prosecution, formed the opinion that there were grounds for presuming that the petitioner had committed the offence and, accordingly, dismissed the application as per the order dtd. 31/05/2022. The said order is under challenge in this revision petition.