The Kerala High Court has quashed criminal proceedings against actor Shwetha Menon in an obscenity case, observing that women’s empowerment does not mean they should be made saints but should be recognised with dignity and fairness.
Justice C S Dias allowed Menon’s plea and dismissed charges filed under the Immoral Traffic (Prevention) Act, 1956, and the Information Technology Act, 2000.
The case had accused the actor of acting in obscene films and advertisements for financial gain.
The court said progressive societies evaluate individuals based on their actions and contributions, while regressive societies resort to slander and moral policing. It added that empowerment involves recognising a woman’s individuality, aspirations, and accomplishments rather than holding her to unrealistic moral standards.
The court also noted that social shaming is often used against women who achieve public recognition. It observed that when merit-based criticism becomes difficult, attempts are made to target women through character attacks. Focusing more on a woman’s image than her achievements reflects intellectual poverty, the court said.
Examining the complaint, the court found no material to support allegations that Menon was running or facilitating a brothel or engaging in prostitution related activities. It described the claims of involvement in “sex marketing” as vague and unsubstantiated, with no prima facie evidence. The court also found no proof that the actor had published or transmitted sexually explicit material online.
It concluded that even if the allegations were taken at face value, they did not constitute the offences cited. The prosecution, the court said, appeared to have been initiated with the ulterior motive of tarnishing the actor’s reputation.
The complaint, filed by a person claiming to be a social worker and journalist, alleged that Menon acted in vulgar content, uploaded material to pornographic platforms, and was linked to an organised network distributing such content, including involving minors. Menon denied the allegations and argued that the complaint was frivolous and malicious, aimed at preventing her from contesting the presidency of the Association of Malayalam Movie Artists.