Fatima A.S. v. State of Kerala
Kerala High CourtMANU/KE/2706/2020Bench: J. Alexander Thomas
The Kerala High Court held that Section 13 POCSO is broadly worded to cover any representation of a child in a sexual manner — "sexually explicit conduct" includes depiction of the child's genitalia, which is inherently sexual regardless of the adult's claimed artistic motive. A parent cannot claim that nude photographs of a child are "artistic" to escape POCSO liability. The Act recognises that children cannot consent to being photographed in the nude, and any such representation constitutes pornographic use under Section 13. The mother was convicted.