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Have you heard about the case in which the Kerala High Court ruled in favor of Rehana Fathima – a woman’s rights activist – who courted controversy for circulating a video in which she was seen posing semi-nude with her minor children? “Nudity should not be tied to sex… A mother-child relationship is one of the earth’s most solemn and pious relationships,” the court observed, discharging her from the case. “Only a woman has the right to her body. Don’t feel ashamed of it. Respect your body,” was the activist’s message for society after her big court win.
This brought a need to debate on the subject once again. Here are few elements which can provide more light on the topic.
What are Nudity and Sexuality
Nudity refers to the state of being without clothing, while sexuality refers to a person’s sexual orientation, desires, and behaviors. Similar to Nudity, there are few other terms: naturism, stripping and sexting. The practice of nudism or naturism involves the behaviour of being naked in the company of others without necessarily expecting or requiring a sexual motivation. Sherman and Hackathorn defined casual stripping as “stripping outside of the purview of being a professional paid dancer” , with the implication that it involved sexual intention or sexual enjoyment. Sexting has been defined as “sending sexually explicit or nude pictures of oneself through cell phones.”
Entwined or not
Nudity and sexuality are often associated with each other due to cultural and societal norms, but it’s important to recognize that they may or may not be inherently linked. There is no black-and-white answer; rather, the answer lies in the zone of grey.
The connection between nudity and sexuality is largely influenced by cultural and social factors. Different societies and cultures have varying attitudes and beliefs about nudity, which can range from perceiving it as natural and non-sexual to associating it primarily with sexual arousal. These attitudes are shaped by factors such as religion, history, and social norms.
While nudity can be a part of sexual expression for some individuals, it doesn’t necessarily imply or require sexual intent. Nudity can also be non-sexual and have other meanings, such as in certain artistic or cultural contexts. For example, nudity may be portrayed in art to convey vulnerability, beauty, or the human form without explicitly referencing sexuality.
It’s important to approach the topic of nudity and sexuality with an open mind and respect for diverse perspectives, recognizing that individual experiences and cultural contexts can greatly influence how these concepts are understood and interconnected.
How it is perceived in India
India has a diverse cultural and social landscape, and attitudes towards nudity and sexuality can vary significantly across the country. It is important to note that India is a vast country with a rich history and multiple cultural and religious influences, so generalizations may not fully capture the nuances of the various regional beliefs and practices.
In traditional Indian culture, nudity has not been historically associated with sexuality in the same way as it might be in Western societies. Ancient sculptures and artwork in temples, such as the Khajuraho temples, depict nudity as a form of artistic expression, celebrating the human form and its connection to divinity. These depictions were often not intended to be sexually explicit but rather sought to evoke a sense of beauty and spirituality.
However, contemporary attitudes towards nudity and sexuality in India are influenced by a combination of traditional values, religious beliefs, and more modern influences. In urban areas, Western influences, media, and globalization have contributed to a shift in attitudes, with some segments of society associating nudity more closely with sexuality.
It’s important to note that India has diverse religious traditions, including Hinduism, Islam, Christianity, Sikhism, and others, and attitudes towards nudity and sexuality can vary within these religious communities. Each religion has its own teachings and interpretations regarding modesty, sexuality, and the human body.
Furthermore, India has laws that govern public decency and obscenity. Public nudity is generally not accepted or legal in India, and there are legal provisions to address acts that are deemed obscene or offensive in public spaces.
Laws that deal With Obscenity In India
Section 292 of IPC: This section deals with the publication, sale (including import and export), exhibition, etc of things that are considered to be obscene. This section provides punishment of up to two years and a fine of up to Rs 2,000 on the first conviction. For the second conviction, one can be imprisoned up to five years and fined Rs 5,000.
Section 293 of IPC: This section deals with who can be booked under this offence. This section says anyone who offers or attempts to sell, rent, distribute, display, or circulate any obscene item to anyone under the age of 20 shall be punished. The maximum punishment for the first conviction is imprisonment for three years and a fine of up to Rs 2,000 and for the second conviction seven years with a fine of up to Rs 5,000.
Section 294 of IPC: This section of the IPC defines what can be considered an obscene act. The section says whoever, to the annoyance of others, (a) does any obscene act in any public place, or (b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment that may extend to three months, or with fine, or with both.
Section 509 of IPC: This section deals with a word, gesture or act that is intended to insult the modesty of a woman, or intrude upon the privacy of such a woman. The punishment entails imprisonment for one year and/or a fine of Rs 1,000.
Sections 67A: This section of the IT Act deals with material containing a sexually explicit act in electronic form. The punishment is five years in jail and a Rs 10 lakh fine for the first conviction. For subsequent violations, the punishment is seven years in jail and a Rs 10 lakh fine.
Who can file a complaint?
Any person who thinks that an object on display, sold or shared has the potential to corrupt the mind of those who come into contact is an aggrieved person. The individual filing the complaint may or may not be in contact with the offensive object personally and is eligible to file a complaint against the person who is responsible for the spread of such content.
Who can be booked for obscenity?
Only the individual who has displayed, shared or sold the obscene material can be prosecuted. In the case of large social media giants, they are exempted from criminal liability if they were expeditious in removing the content from their networking sites on receiving such information(Section 79 of Information Technology Act,2000).
Only the individual who displayed, distributed, or sold the obscene material is held accountable. Large social media companies are protected from criminal liability if they promptly remove the content from their networking sites on receiving such information (Section 79 of the Information Technology Act, 2000).
In Western World
In Western society, there has historically been a strong association between nudity and sexuality, although attitudes and perspectives have evolved over time. Many cultural and societal norms have shaped the interrelation between nudity and sexuality in Western societies.
Nudity, particularly full or partial nudity, is often considered private and intimate in Western culture. It is typically associated with the human body’s sexual nature and can be seen as provocative or arousing. This association is influenced by various factors, including religious teachings, historical influences, and the portrayal of nudity in media and popular culture.
Religious traditions in Western societies, particularly those influenced by Judeo-Christian beliefs, have historically associated nudity with original sin, shame, and the loss of innocence. These teachings have had a lasting impact on societal attitudes towards nudity and the perception of the human body as inherently sexual.
Moreover, the influence of media, advertising, and entertainment industries has played a significant role in shaping the interrelation between nudity and sexuality in Western societies. Popular culture often portrays nudity in a sexualized manner, presenting it as a means of attracting attention, stimulating desire, or conveying sexual content.
However, it is worth noting that attitudes towards nudity and sexuality in Western societies have become more diverse and nuanced over time. The rise of body positivity movements, the acceptance of non-sexual nudity in certain contexts (e.g., naturism), and the growing recognition of the importance of consent and personal autonomy have contributed to a broader understanding and acceptance of nudity outside of purely sexual contexts.
Understanding different Religion
The interrelation between nudity and sexuality in various religions can vary significantly, as religious teachings and cultural practices differ across different faith traditions. Here are some general observations on the interrelation between nudity and sexuality in a few major religions:
- Christianity: Within Christianity, there is a wide range of beliefs and practices regarding nudity and sexuality. Traditional Christian teachings often emphasize modesty and the preservation of sexual intimacy for marriage. Nudity is generally viewed as a private matter, and explicit displays of sexuality outside the context of marriage are often considered inappropriate. However, interpretations of these teachings can vary among different Christian denominations and individuals.
- Islam: Islam promotes modesty and encourages believers to dress modestly, covering certain parts of the body. Public nudity and explicit displays of sexuality are generally considered inappropriate in most Muslim-majority societies. Sexual relations are viewed as permissible and encouraged within the context of a lawful and consensual marital relationship, emphasizing mutual respect and fulfilling the needs of one’s spouse.
- Hinduism: In Hinduism, attitudes towards nudity and sexuality can vary based on different traditions and cultural practices. Some Hindu sects practice nudity as a form of renunciation and spiritual liberation, not associated with sexuality. Hinduism also recognizes the importance of sexual relationships within marriage and explores sexuality as part of the human experience, although within the framework of mutual consent, respect, and love.
- Buddhism: Buddhism often emphasizes renunciation and detachment from sensual desires, including sexual desires. While nudity is not explicitly encouraged, certain Buddhist traditions, such as some sects of Japanese Buddhism, practice a form of meditation called “shinnyo” or “gyo,” which involves ritual nudity as a means of spiritual practice.
- Judaism: Judaism places a strong emphasis on modesty and privacy, particularly with regard to sexuality. Nudity is typically considered private and is not publicly displayed. Sexual relations are viewed as permissible and sacred within the context of marriage, but modesty is still valued.
- Jainism: In Jainism, there is a strong emphasis on non-violence (ahimsa), spiritual purity, and detachment from worldly desires. Within the context of nudity and sexuality, Jain teachings and practices reflect these principles. Nudity holds a significant place in Jain ascetic practices. Jain monks and nuns, known as Sadhus and Sadhvis, respectively, practice nudity as a symbol of renunciation and detachment from worldly attachments, including sexual desires. By forsaking material possessions, including clothing, they aim to free themselves from the distractions of the physical world and focus solely on their spiritual journey. However, it is important to note that nudity within Jainism is primarily associated with the renunciant path and not with everyday life or householders. For lay Jains, modesty and appropriate clothing are encouraged. Sexual relations are considered natural within the bounds of marriage, but moderation and fidelity are emphasized, aligning with the Jain values of non-violence and spiritual purity.
Scientific Study
The subject of nakedness has been used in art for centuries in sculptures and paintings as well as in more controversial works that include photography as well. Despite the fact that nudity is deemed scandalous or negative by society, very few studies have explored why. In a study by Beggan et al. (2014), it was found that there was a considerable difference between perceptions of “adult” photos based on the gaze of the target. The researchers found that women who made eye contact with the camera were considered more vulnerable and more objectified than males, which suggests that people are reacting to the implied sexual content of the image in addition to the gender differences. In another study, it was investigated relationships between attitudes towards nudity and individual differences (e.g., political ideology, relationship status) by presenting participants with photos of naked artists, pornographic nudists, and clothed but sexualized photographs. According to the analysis, there was main effect of the type of photo on the number of negative emotions reported by the participants. Furthermore, there was also a main effect associated with photo sex, in that male photographs tended to result in higher negativity ratings than female photographs. Finally, there was a significant interaction between the sex of the participant and the sex of the photo, each sex reported more negativity when viewing their own sex in a photo.
Conclusion
Overall, the interrelation between nudity and sexuality in various societies and communities is complex and multifaceted, and it can vary based on cultural, religious, and regional factors. It is essential to approach the topic with cultural sensitivity and understand the diversity of perspectives within the country.
