Introduction
The ability of the justice system to deal with the many problems that come up in today’s world is what makes it strong. Necrophilia, which is having sexual relations with a dead body, has never been allowed to be a part of Indian law. Necrophilia, which is also called necrophilism, necrolagnia, necrocoitus, necrochlesis, and thanatophilia, comes from the Greek words “phillios” and “nekros,” which mean “the attraction to a dead body.”[i] In simple terms, necrophilia is the act of having sexual relations with a dead body, and a necrophile is someone who gets sexual pleasure from doing sexual relations with a dead body.
Throughout history, women have had to make sure they kept their sense of self-respect and lived their lives with it. These days, our society has gone back to expecting this safety measure, even if someone dies. Also, the respect we have for the dead has been harmed by this, and the fact that there are no laws against necrophilia is morally wrong. In a country like India, where people are very aware of their beliefs and values, the worrisome rise in necrophilia means that laws need to be changed right away.
Necrophilia and Indian Law
Many judicial presidents in India support the idea that people have the right to live with respect even after they die. However, the upsetting and disgusting act of necrophilia is not specifically recognized. The Indian criminal justice system, and other related rules, do not directly consider necrophilia to be a crime. The rules that are already in place about dead people aren’t good enough to deal with important issues, as a result, they cause a legal problem.
Section 301 of the Bhartiya Nyay Sanhita,2023 (BNS) is the most important part of the law that covers necrophilia. However, this section mostly talks about protecting burying grounds and making sure that the place where the dead are buried is holy. It doesn’t directly talk about this crime or other cruel acts done to the dead body. One thing to keep in mind is that people who are working as graveyard workers or cremators would not be held responsible for breaking into a body mentioned in this part unless they had actually broken the law by “trespassing.” Another big problem with this rule as a way to punish necrophiles is that it only gives guilty people a one-year maximum sentence.
Section 63 of the BNS criminalizes rape, defining it as the act of engaging in sexual intercourse with an individual without their consent. However, the provision fails to encompass acts of sexual intercourse with a deceased body, thereby creating a notable lacuna in the legal framework.
Case law related to Necrophilia
Hon’ble Supreme Court of India in “Parmanand Katara v. Union of India”[ii], held that the right to life, fair treatment and dignity, extend not only to a living person but also to his dead body. These rights have been derived from Article 21 of the Constitution of India. Further, recognition of posthumous legal rights gives the dead significant moral standing within our legal system. The law also strives to honour a decedent’s wishes and to protect his interests.
“Ramji Singh and Mujeeb Bhai Vs. State of U.P. & Ors”[iii], – In this case the Allahabad High Court contended that a person’s right to life includes the right of the dead body to be treated with the same respect that he would have deserved if he were alive.
In 2018, a 20-year-old worker from Gurugram shocked the whole country when he admitted to raping women and then committing necrophilia with their bodies.[iv] His confession not only showed how bad he was, but it also showed how few laws there are to punish such behaviour completely.
In other incidents, a serial killer in West Bengal was caught in June 2019 after killing women and then having sexual contact with their bodies.[v] This case showed once again how disgusting necrophilia really is and how badly laws need to be changed right away.
On June 26, 2020, a store in Mumbai killed a female customer and sat on her body, making it look like a grave.[vi] These incidents are not one-offs; they are part of a trend that shows how bad some people can be and how the current justice system is not good at dealing with necrophilia.
In India, there have been more disturbing cases of necrophilia in the past few years. One very well-known event was the Nithari serial murders in 2006. The Nithari serial murders of 2006 were a series of gruesome crimes uncovered in the village of Nithari, Noida, India, where the remains of several children and young women were discovered near the residence of Moninder Singh Pandher and his domestic help, Surinder Koli.
The investigation revealed horrific acts, as Koli confessed to killing the victims, engaging in sexual acts with the corpses, and consuming parts of their bodies. This case exposed the dark facets of human depravity and highlighted significant gaps in the Indian legal system concerning the penalization of such heinous acts, particularly necrophilia, which was not adequately addressed under existing laws.[vii]
In Varanasi, the grave of a recently deceased five-year-old girl was found disturbed, raising suspicions of necrophilia. The girl’s father discovered the tampering and informed the authorities, leading to an investigation. Forensic experts have recommended DNA profiling, and a suspect has been detained. The police are examining the evidence to determine if this is indeed a case of necrophilia, shedding light on a deeply troubling and criminal act.[viii]
That being said, the BNS does not list necrophilia as a separate sexual offence, even though these crimes are very disturbing. People who are accused of necrophilia are usually charged under Sections 64 and 301 of the BNS, which deal with the crimes of trespassing on graveyards and performing sexual acts. In spite of this, these rules aren’t enough to deal with the unique aspects of necrophilia, and they can be hard for law enforcement to police.
“Rangaraju v. State of Karnataka”[ix].
The recent decision by the Karnataka High Court made people aware of the weak constitutional rights against necrophilia, which caused a strong response from the public. In this case, a 21-year-old woman was struck on her way home from class. She was dragged by force to a bush, where the attacker cut her neck. It was proven by more proof that the suspect later participated in necrophilia with the dead victim. This person was found guilty of both murder and rape by the Sessions Judge based on the evidence that was presented.
The case was challenged, and a Division Bench looked at it. They upheld the accused’s sentence for murder but found mistakes in the single judge’s decision for rape, which meant the accused was found not guilty. They about rules about necrophilia but pointed out that none of them specifically mentioned the crime of necrophilia, so they could not be applied.
The court also drew similarities to many other countries that have had laws against this kind of behaviour in the past. The court also asked for new rules to be put in place to stop the disgusting practice of necrophilia. This included putting closed-circuit television (CCTV) cameras in private hospitals and morgues across the state and making the process of making clinical notes and storing data more effective and safe. The study also suggested that a regular cleaning routine be put in place and that staff be trained to make sure that dead people are treated with care.
Conclusion
A big hole in the law has caused a lot of confusion, which has been noticed by many people. This has put pressure on the State to fix this important flaw in the system. In order to stop necrophilia, it is very important that everyone follow the court’s advice in the Rangarajan case. To deal with the problem of necrophilia, BNS can amend section 63 to make it illegal to abuse the dead. Instead, the State should add a new section to the code that directly targets necrophilia. The problems with Section 301 of BNS need to be fixed by increasing the period of punishment.
In the UK, the Sexual Offenses Act of 2003 makes necrophilia a special crime. Section 70 of the Act, says that having a sexual relationship with a dead body is illegal and can get you six months to two years in jail. And finally, Canada, New Zealand, and South Africa have all passed rules that make necrophilia illegal. These changes to the law could be made by looking at other countries that have banned necrophilia, like the UK, Canada, and New Zealand. Since there are more and more reports of necrophilia happening across the country, the State needs to pass laws that make it clear that necrophilia is wrong, in line with society’s moral standards.
References:
[i] Stuti Narayan, “The Urgent Need to Bridge Legal Gaps to Penalize Necrophilia in India: Addressing a Void”, Indian Legal Solution, available at https://indianlegalsolution.com/the-urgent-need-to-bridge-legal-gaps-to-penalize-necrophilia-in-india-addressing-a-void/ (last visited on 31.07.2024)
[ii] 1989 (W. P. (Crl) No. 270 of 1988, SCC (4) 286)
[iii] 2010 (PIL) No.- 38985 of 2004
[iv] Sumedha Sharma, “Gurugram rape accused admits to necrophilia”, The Tribune, available at https://www.tribuneindia.com/news/archive/haryana/gurugram-rape-accused-admits-to-necrophilia-687352# (last visited on 31.07.2024)
[v] Financial Express, “West Bengal’s dreaded serial killer ‘Chain Man’ sentenced to death in 2019 rape and murder case”, available at https://www.financialexpress.com/india-news/west-bengals-dreaded-serial-killer-chain-man-sentenced-to-death-in-2019-rape-and-murder-case/2015962/ (last visited on 31.07.2024)
[vi] The tribune, Palghar stunned by necrophilia, a man raped woman’s corpse” available at https://www.tribuneindia.com/news/nation/palghar-stunned-by-necrophilia-a-man-raped-womans-corpse-108480 (last visited on 31.07.2024)
[vii] Ajay Singh Negi, “A Study On 2006 Noida Serial Murder: Nithari Hatyakand With Special Reference To The Psychology Of The Accused”, Legal service India, available at https://www.legalserviceindia.com/legal/article-11680-a-study-on-2006-noida-serial-murder-nithari-hatyakand-with-special-reference-to-the-psychology-of-the-accused.html (last visited on 31.07.2024)
[viii] Rishika Kukrety, “Varanasi: Grave of 5 Years Old Girl Dug, Is this a Case of Necrophilia?” available at https://varanasitoday.com/english/grave-of-5-years-old-girl-dug-in-varanasi-is-this-a-case-of-necrophilia-466234?infinitescroll=1 (last visited on 31-07-2024)
[ix] 2023 SCC OnLine Kar 23
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