In a recent ruling, the Karnataka High Court stated that the act of sexually assaulting the dead body of a woman does not fall within the scope of rape or unnatural offences as defined by the Indian Penal Code. Consequently, a man who was accused of committing this crime against a 21-year-old woman was acquitted in relation to those charges.
However, the court upheld the lower court’s decision to convict the accused of murder.
The bench, consisting of Justices B Veerappa and Venkatesh Naik, further recommended that the central government make amendments to the law to explicitly classify necrophilia as an offense, as per reports.
What is necrophilia and what does the law state about it? News18 explains:
What is Necrophilia?
Necrophilia is a term used to describe a rare and disturbing sexual attraction or fascination towards dead bodies. It refers to a person’s strong desire to engage in sexual activities with corpses. The act is considered highly taboo, morally reprehensible, and illegal in many nations.
The term “Necrophilia” can be broken down into its etymological origins. “Necro” comes from the Greek word for “dead or death,” and “philia” means “love or attraction.” When combined, Necrophilia essentially refers to a concept of showing love or attraction towards the deceased. In simpler terms, a Necrophiliac engages in acts of intimacy or sexual acts with the dead, being fully aware of their actions and doing so willingly, as per a report by Legal Services India.
What Did the Karnataka High Court Say About Making Necrophilia a Crime?
The High Court of Karnataka noted in its observation that attendants assigned to guard bodies in mortuaries of both government and private hospitals engage in “sexual intercourse” with the bodies. In light of this, the court has recommended that the Indian Penal Code (IPC) be amended by the Union government. The suggestion is to either include necrophilia as a form of unnatural sex offense or introduce a new provision to explicitly criminalize necrophilia.
The court pointed out that countries like the United Kingdom, Canada, New Zealand, and South Africa have specific laws that consider necrophilia as an offense. However, in India, there is no dedicated legislation, including within the IPC, to address and prevent crimes against the dignity and rights of the deceased women’s bodies. The court emphasized the need for legal measures to protect the dignity of the deceased.
Monitoring Mortuaries
In the meantime, the Bench has issued directives to the State government regarding the security and preservation of dead bodies in mortuaries, particularly those of women.
The Bench instructed the State government to ensure that CCTV cameras are installed in all government and private hospital mortuaries within six months. This measure aims to prevent offenses committed against dead bodies.
Additionally, the government has been directed to ensure regular cleaning of mortuaries, maintaining proper preservation of the dead bodies to uphold their dignity. The staff working in the mortuaries should also be sensitized to handle the bodies with care, according to a report by The Hindu.
To maintain privacy, the postmortem room should be designed in a way that it is not visible to the general public or visitors.
Furthermore, the Bench has emphasized the importance of providing basic infrastructure in mortuaries as per the guidelines of the Indian Public Health Standard for district hospitals, ensuring proper management of dead bodies.
What Legal Provisions are Available to Deal With Necrophilia Cases in India?
Currently in India, necrophilia is considered an offense, but there is no specific law dedicated to it, as per Legal Services India. Instead, cases of necrophilia are dealt with using existing provisions in the Indian Penal Code.
Two sections of the Indian Penal Code are commonly referred to in necrophilia cases: Section 297 and Section 377. However, neither of these sections explicitly address necrophilic tendencies.
Section 297 pertains to trespassing on burial grounds. If someone trespasses on a burial ground with the intent to hurt someone’s feelings, disrespect a religion, or knowing that their actions will hurt the sentiments of people connected to that place, it is considered an offense. This provision can be invoked in cases of necrophilia only if there has been an act of trespassing.
Section 377 deals with unnatural offenses. It considers any voluntary act of carnal intercourse against the order of nature with a man, woman, or animal as an offense. Sometimes, provisions related to rape and murder are also invoked to address the unusual nature of the offense. However, it should be noted that these provisions may not be sufficient to adequately address and prosecute necrophiliac activities and individuals involved in them, the report says.
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