Dignity of the Dead Necrophilia and its Legal Parlance

Necrophilia is a taboo practice which is fascinating to the perpetrators and horrifying to society. It is considered a highly taboo and deviant behaviour. Necrophilia often coexists with other paraphilias, which are characterized by abnormal or extreme sexual desires. These can include sadism, cannibalism, and necrophagia (consuming the flesh of the dead).

Necrophilia was earlier seen in animals, reptiles, mammals and insects, but existence in humans is also evident and horrifying. The motivation behind necrophilia varies among individuals, numerous cases of necrophilic acts and fantasies are seen where, the most common motive identified was the desire for a partner who is unresisting and un-rejecting where as some individuals are attracted to the idea of engaging in sexual activities with a passive and non-responsive partner.

Several countries do not have strict legislation against Necrophilia, and India is one of them. As far as the legal status of a dead body in India is concerned, it is present in the Criminal Justice System of India in a vague manner. Although, the judicial procurements have instigated the right to dignity of a dead body, a right protected under Article 21 of the Constitution, the legal status per se of a dead body remains absent.

The Indian legal system lacks several legal measures and contains vague provisions which result in some major loopholes for a crime like necrophilia, because of such potential loopholes the judiciary, being bound by the law, has to acquit the accused unwillingly, necrophilia is universally condemned and illegal in most jurisdictions due to the violation of the sanctity and dignity of the deceased. It is regarded as a severe psychological disorder and a criminal offense.

It might come as a shocker but necrophilia is not considered rape in India. The law says so. The Karnataka High Court in 2023 ruled that the sexual assault of a body did not come under the ambit of rape or unnatural offences under the Indian Penal Code. India has been witnessing a surge in cases of sexual assaults on corpses for so long, yet it still lacks specific laws to prevent such acts.

Acts like Necrophilia fall short of legal sanction and go unnoticed which should be brought within the ambit of the legal jurisdiction. Indian Legal System should properly comprehend and scrutinize the crime of necrophilia because of its gravely offensive nature. India being member of different international conventions and decelerations that recognises and protect the right to dignity of the dead, the Indian legal system should also include the same in its laws in a precise manner. From Nithari to Rangaraju case it’s evident that there is a need for Indian legal system to bring a robust law of Necrophilia.

The readers would find the book different from other material available from the point of view of its content. I am happy to present my work as I know that this work will spread the knowledge to large group of students and others to develop professional skill and competence

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