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2023 Supreme(Ker) 326

KAUSER EDAPPAGATH
... – Appellant
Versus
State of Kerala, Represented by Public Prosecutor, High Court of Kerala – Respondent


Advocates Appeared:
For the Revision Petitioner: Renjith B. Marar, Lakshmi N. Kaimal, Arun Poomulli, Aiswarya Thankachan, Meera Joppan.
For the Respondent: Smt. T.V. Neema Public Prosecutor.

ORDER :

When you look into your mother’s eyes, you know that is the purest love you can find on this Earth.” — Mitch Albom.

‘My Body, My Choice’ – an iconic tagline coined by the pro-choice movement in the early ’70s to represent bodily autonomy and gender equality – continues to be an expression of the rights women deserve and is still consistently utilised by women right’s activists across the globe as a powerful retaliation to sexist societal ideas and archaic patriarchy. The body is the most fundamental space over which an individual shall have autonomy. Body autonomy that allows individuals the freedom to make their own choice about their bodies is a natural right and part of their liberty. Every individual is entitled to the autonomy of his/her body – this is not selective on gender. But we often find this right is diluted or denied to the fairer sex. The autonomy of the male body is seldom questioned, while the body agency and autonomy of women are under constant threat in a patriarchal structure. The women are bullied, discriminated against, isolated, and prosecuted for making choices about their bodies and lives. Here is a case where a mother who tried to challenge patriarch

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