CONCEPT OF NECROPHILIA IN INDIA
IS NECROPHILIA A CRIME IN INDIA? WHAT IS IT? RAPE AGAINST DEAD BODY
WRITTEN BY: MANSI RANA
1ST YEAR, L.L.M
PRESTIGE INSTITUTE OF MANAGEMENT AND RESEARCH GWALIOR
(M.P)
EDITED BY: MUSKAN PRASAD
4TH
YEAR, B.A.LL.B(HONS)
AMITY LAW SCHOOL,
NOIDA
WHAT IS NECROPHILIA?
“A
person engaging in sexual activity with a dead body is said to have
necrophilia, which is a sexual attraction or act. It is viewed as a very taboo
and abnormal behavior. The paraphilias, which are defined by abnormal or
extreme sexual desires, frequently coexist with necrophilia. These include
necrophagia (eating the flesh of the dead), cannibalism, and sadism.”
The
word "necrophilia" is a combination of the Greek nouns "philios"
(attraction to or love) and "nekros" (dead body). It was first used
in the 19th century and was popularized by Belgian alienist Joseph Guislain.
But there have been documented cases of sexual abuse of the dead throughout history,
including in Greek mythology, the Greco-Roman era, and the Middle Ages.
WHY DO PEOPLE SEEK OUT THE DEAD FOR SEXUAL
RELATIONS?
Each
person's reasons for engaging in necrophilia are unique. The most frequent
reason for necrophilic acts and fantasies, according to a study that examined
numerous cases, was the desire for an unresisting and unrejectable partner. In
other words, some people find it attractive to think about having a passive,
unresponsive partner for sexual activity. It is important to note that not
everyone who interacts with or has access to corpses has a tendency toward
necrophilia, but there have been instances of mortuary staff or funeral home
employees engaging in such behavior. These people might select careers that put
them in close proximity to dead bodies, satisfying their abnormal desires.
It
is crucial to stress that necrophilia is universally condemned and forbidden in
the majority of legal systems because it violates the sanctity and dignity of
the dead. It is considered to be both a criminal offense and a severe
psychological disorder.
NECROPHILIA IN INDIA
In
India, corpses are not regarded as legitimate individuals. Numerous rulings
state that even though they are deceased, individuals still retain the right to
human dignity. Will the right to respect be expanded to end the exploitation of
dead bodies for sexual purposes?
The
Karnataka High Court described necrophilia as an obscene fascination or desire
for the dead, or more precisely, an erotic longing for corpses, in the case of
Rangaraju Vajpeyi vs. the State of Karnataka.
Paedophilia,
sexual masochism, exhibitionism, and necrophilia are all referred to as
“paraphilias” by the DSM-IV and are categorized as psychosexual disorders.
Instead of regularity or a need for sexual fulfillment, lust, anger, and
exploration might be important causes of this syndrome.
The
Karnataka High Court ruled on May 30 that having sexual contact with a deceased
woman did not qualify as rape after a man was found guilty of both murder and
rape. The man had made a court petition.
Rape
is a felony that carries a death sentence according to Section 376 of the
Indian Penal Code of 1860.
THE JUDGMENT OF THE COURT
IN THIS CASE:
The
bench of Justices Venkatesh Naik and B. Veerappa recommended that the Indian
Penal Code be altered to protect the dignity of the deceased. They also
suggested that the appeal of the suspect in the victim’s murder and subsequent
rape be partially allowed.
The
Karnataka High Court maintained the defendant’s life sentence of imprisonment
for murder under Section 302 of the Indian Penal Code. The Karnataka High
Court, however, overturned the conviction under Section 376 of the IPC on the
grounds that raping a corpse is not an offense in accordance with the Indian
Penal Code.
CORPSE RAPE NOT RAPE
A
division bench of the Karnataka High Court upheld the murder allegation in the
Tumakuru case, but it found that a case of rape under Section 375 (rape) could
not be proven because raping a dead lady was not a crime under the IPC.
A
close reading of Sections 375 and 377 of the IPC makes it evident that a dead
body cannot be deemed a person or a human being. The court made the point that
“rape” of the body is not listed among the “unnatural offenses” under Section
377 of the IPC. This would exclude the implementation of Sections 375 or 377,
the bench said.
The
court ruled that it was “high time” for the government to alter the Indian
Penal Code to include necrophilia as a crime since the dead person’s corpse
must be treated concerning uphold their right to life, which also includes the
right to their dead body, as guaranteed by Article 21 of the Indian
Constitution. The court recommended that the government either alter Section
377 of the IPC or add a new penal provision to make necrophilia a crime.
THE RESPECT DUE TO A DEAD
BODY
The
HC ordered the state government to install CCTV cameras in public and private
morgues within six months to prevent crimes against the dead, particularly
against women and stated that the deceased had a right to dignity.
The
court also instructed the state to follow standards for mortuary services,
including hygienic procedures, patient privacy, and employee sensitization.
The
accused claimed to the High Court that the woman had been sexually raped while
still alive following her initial death. Thus, the Section 376 offense would
not be brought against him.
Additionally,
it was contended that the actions could only be classified as necrophilia and
that the accused should be freed because the Indian Penal Code did not contain
any specific language that would have permitted a conviction. These arguments
helped to support the Division Bench of the High Court's principal concern,
which was to determine whether raping a deceased lady qualified as rape under
Section 375 of the IPC. The court determined that in its decision.
WHAT WAS THE VERDICT ON RAPE
AND NECROPHILIA?
A
person must be used in rape, according to the court, and not a dead body, in
order to distinguish between rape and sexual assault on a deceased lady. It
must be done against the will of the target. The inability of a deceased person
to object to, consent to, or fear immediate or illegal physical damage makes
them ineligible for these rights. The victim’s rage and emotions form the basis
of the victim’s guilt for the rape. A dead furious person has no feelings.
Necrophilia is the act of having sexual relations with a dead person.
“A
morbid obsession with death and the dead and, in particular, an erotic
attraction to corpses”, the court defined necrophilia as. Necrophilia is
categorized in the DSM-IV as “not otherwise specified” and is included in the
category of “paraphilias,” which also includes pedophilia, exhibitionism, and
sexual masochism. The prosecution’s case against the defendant specifically
alleges that he killed the victim before having sex with the corpse. It cannot
be classified as a sexual or unnatural offense because these terms are used
under Sections 375 and 377 of the Indian Penal Code, respectively. The Indian
Penal Code’s definition of rape in Section 376 cannot, therefore, be applied to
this situation. The Indian Penal Code’s
Section 376, in the opinion of the court, does not contain a criminal offense.
Sadism or necrophilia are the finest words to describe it.
Following
its conclusion that young women’s bodies discovered in hospital morgues were
victims of sexual assault, the Karnataka High Court also issued several
directives that must be carried out by the state within six months.
One
of the instructions given to the state government is to see to it that CCTV
cameras are set up in each hospital morgue to prevent crimes against women’s
bodies.
The
court also mandated that all public and private medical personnel receive
sensitivity training on how to deal with a corpse and the friends and family of
the deceased. Relatives.
NATIONS WHERE NECROPHILIA
IS ILLEGAL
THE
UK: Whether purposefully or accidentally, it is against the law to transfer any
portion of one’s body into the corpse of a deceased person, according to
Section 70 of the Sexual Offences Act 2003. For the same offense, the sentence
may last anywhere from six months to a maximum of two years.
CANADA:
The Criminal Code of Canada’s 1985-enacted Section 182 outlines punishments for
necrophilia. In Canada, five years in prison is the maximum punishment.
Although not a perfect match, Canadian law seems to be similar to section 297
of the IPC.
NEW
ZEALAND: Section 150 of the Crimes Act 1961 states that a person who disobeys
the respect owed to a dead body, whether it has been buried or not, faces a
two-year prison sentence.
Section 14 of the Criminal Law (Sexual Offenses and Related Matters) Amendment Act of 2007 forbids necrophilia in SOUTH AFRICA.
CONCLUSION
Necrophilia
is such a heinously repulsive crime; it is high time the Indian Legal System
looked into and fully understood this crime. The Indian legal system should
include this in its legislation as well, given that India is a signatory to
multiple international agreements and conventions that maintain and defend the
right to dignity of the dead. The Indian judiciary has recognized this right of
the dead in several decisions and has worked to uphold both those rights and
the sentiments of the departed’s loved ones.
Given
the increase in necrophilia instances in India, the country now needs a law
prohibiting it. Necrophilia is wrong; hence it might fall under the
jurisdiction of Section 377 of the IPC. However, it is challenging to include
necrophilia within its ambit due to the continued confusion that is brought on
by the word “voluntarily” in the Section. In comparison, the maximum punishment
under Section 297 of the code for entering a cemetery or other place of worship
and degrading a body is one year in jail, which is insufficient for a crime
like necrophilia.
The dignity of the deceased, their family, and the community at large are all violated by any type of sexual conduct with a corpse. Given the aforementioned factors, India should establish a suitable law to categorize and punish this crime, covering every facet of this ambiguous criminal and imposing a severe penalty for the desecration of human remains for an acceptable amount of time.
REFERENCES
Comments
Post a Comment