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Riya Malik, an artist, started an online painting class during the COVID lockdown to earn a living after facing domestic violence. During one live class, she had her minor children paint on her naked back to demonstrate body painting techniques. A viewer reported the video as child pornography. An FIR was registered against Riya for offenses under laws protecting children and regulating online content. The court began trial proceedings.

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PALAK GARG
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34 views

Moot Problem

Riya Malik, an artist, started an online painting class during the COVID lockdown to earn a living after facing domestic violence. During one live class, she had her minor children paint on her naked back to demonstrate body painting techniques. A viewer reported the video as child pornography. An FIR was registered against Riya for offenses under laws protecting children and regulating online content. The court began trial proceedings.

Uploaded by

PALAK GARG
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

I.

BRIEF FACTS
1. Mr. Kabir and Ms. Riya Malik got married in the year 2010 and were blessed
with a boy, Master Samir Malik in the year 2011 and a girl, Miss Arzoo Malik
in the year 2014. Riya was an artist by profession, but after the birth of her
daughter, she took a break in her career and started looking after her
children's education and welfare. As she could not devote time to herself,
she gained weight and developed a few health problems. Her husband, Mr.
Kabir Malik, started taunting her for her weight and calling her ugly.
Observing the fight between Kabir and Riya, Kabir's mother also started nagging
Riya about her increasing weight. She was ill-treated by her in-
laws, and after one nasty incident of domestic violence, she left her in-
laws' house along with her children and started living with her parents in Rohini
Vihar, Delu.

2. After a few days, Riya filed an F.I.R. against her husband and in-laws for
domestic violence before the Hon'ble Court of Ms. Arunima, Rohini Vihar
Court, Delu. The matter is currently pending before the Court, and her
husband and in-laws are released on Bail.

3. Riya was a Fine Arts graduate and was also an outstanding dancer. To earn
a livelihood, she started taking dance and painting classes. During COVID
lockdown, she commenced the classes in the online mode. She used to
teach art and craft, painting and dance in her online classes. Her classes
were a big success, and soon she opened her own ‘We-Tube’ Channel to
earn more. During her classes, she also talked openly about the violence
women face in their domestic setups and how they are made to feel
worthless and ugly. She used to discuss body positivity and acceptance.
Initially, her Channel captured many views, but after the lockdown was
over, the traffic on her Channel was reduced.

4. To get more subscriptions and likes for her content on the ‘We-Tube’
Channel, on 1st November 2021, she announced an innovative Online
Painting Event live on the platform. The event was scheduled for 9th
December 2021. She opened the registrations for the event on 15th
November 2021, and till the closing date of registration, i.e., 5th December
2021, she had more than 250 registrations.

5. On 9th December 2021, she started her Session at around 11:00 IST and
initiated by talking about various types of body paintings, including tattoos,
henna and temporary body painting. She also discussed healing and body
positivity etc., and how body paintings and tattoos can make the scars
beautiful and bring more confidence in the women who have been
subjected to domestic violence at some juncture in time and are carrying
scars on their bodies.

6. After a while, she introduced her children and apprised the participants
about their extraordinary painting skills. She also boasted that she had
taught them the skill effortlessly that now they paint so well.

7. She said that she would be demonstrating the painting skills of her children
and would also let the participants know how body paintings can be done
easily. She further added that her own body would be considered the
canvas for the particular session.

8. After this, she removed her clothes and went bareback while her minor
children, Master Samir Malik (10 years old) and Miss Arzoo Malik (7 years
old), drew a body painting on her bareback.

9. The children painted on her naked back, and Riya recorded this video of a
1-hour duration during the online session, wherein there were 256 viewers
on the ‘We-Tube’ Platform. After that, the video was uploaded on Social
Media, on Riya’s ‘We-Tube’ Channel entitled with the heading, “Easy Body
Art and Body Positivity”.

10. A viewer, Ms. Anushka Gehlot, a Child Rights Activist in the Cyber Cell
reported this video and it was subsequently forwarded by the Cyber Cell,
Rohini Vihar Police, Delu, immediately with a report, before theCommissioner of
Police, Delu stating that “This is a child pornography-
related crime on social media”. Afterwards, the Commissioner of Police
forwarded the report to the Station House Officer, Rohini Vihar Police
Station, to take the necessary action.

11. Based on the report, Crime No. 123 of 2021 was registered by the Rohini
Vihar Police, Delu, alleging offences punishable under Sections 14 and 15 of
the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’);
under Section 67B of the Information Technology Act, 2000 (‘IT Act’); and
under Section 75 of the Juvenile Justice (Care and Protection of Children)
Act, 2015, (Copy of F.I.R. is annexed as Annexure ‘A’).

12. A complaint was also filed before the Cyber Cell by Child Rights Activist,
Ms. Anushka Gehlot, (Copy of Complaint is annexed as Annexure ‘B’).

13. After a thorough investigation by the police officer, a report u/s. 173 was
filed before the Sessions Court, Rohini Vihar Court, Delu, (Copy of Police
Report is annexed as Annexure ‘C’).

14. The Court has begun the Trial, and the parties and witnesses have been
summoned to appear before the Court for Examination-in-Chief and
Cross-Examination, and the Framing of Charges.

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