In reaction to the crimes within the Country, the criminal system in India has reformed through the years. India’s Necrophilia Problem still remains an undefined crime beneath Indian Law. The fascination with dead bodies may be a consequence of psychological situations or unsoundness and may or may not be the cause of Necrophilia.
As the name infers, Necrophilia describes the dark fascination an individual has with dead people and is often convoyed by a strong desire to willingly engage in sexual interaction with the corpse of the deceased in order to feel sexual satisfaction and longing. This phenomenon has been attributed to the Belgian physician Joseph Guislain. Sexual attraction alone is not sufficient to cause it. It is often described as a psychological disorder. Various types of necropsies exist, including romantic necrophilia, sadistic necropsy, and so on. Understanding the intentions and reasons for the occurrence of a crime is crucial to addressing a prevalent issue and imposing punishments. Necrophilia is caused by a person’s low selfesteem and irrational fear of rejection, which leads them to engage in intercourse with a corpse because a dead body cannot offer any kind of resistance or rejection and is often viewed as physically and emotionally non-threatening and would naturally submit to the necrophile. Necrophiliacs are divided into ten categories, ranging from fantasizing necrophiliacs, who fantasize about necrophilia but do not engage in intercourse with a corpse, to regular necrophiliacs, who prefer to have intercourse with a corpse, to homicidal necrophiliacs, who commit murder to satisfy their need for intercourse with the dead. Necrophilia, as a criminal and a psychiatric disease, impacts not just society but also the rights of the departed.
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Necrophilia is a crime that goes unpunished in many nations. Only a few nations consider necrophilia to be a crime. For example, the United Kingdom sentences necrophilia offenders to two years in jail, while South Africa has rules that make necrophilia a criminal offense. A person convicted of causing injury to the dignity of the dead in Canada faces a maximum sentence of 5 years in prison. In contrast, there are no federal laws in the United States that make necrophilia a criminal offense. The Indian penal system does not regard necrophilia to be an offense in and of itself. There are no regulations that categorize necrophilia as a criminal in a specific and definitive way. However, necrophilia is frequently prosecuted under several articles of the Indian Penal Code, 1860: Section 297 of the Indian Penal Code safeguards the rights of the deceased by granting them the right to be free from trespass on burial grounds, venues of funeral ceremonies, and so on. Trespassing on burial or funeral sites and cemeteries with the purpose to create disruption is punished by up to a year in prison and/or a fine. Section 377 of the Indian Penal Code makes consensual intercourse with a man, woman, or animal against the natural order a punished offense. Necrophilia is also deemed against the natural order because it does not result in procreation and is restricted to sexual pleasure and intercourse. Section 377 was partially decriminalized in the case of Navtej Singh Johar v. Union of India, 2018, which decriminalized consenting gay relations. This part stays in effect in relation to the remainder of the section dealing with unnatural sexual intercourse. Section 377, which imposes a punishment for a term that may be prolonged to 10 years or life imprisonment, is the current Section under which necrophiliacs are punished.
Although not officially specified in the Constitution, the rights of a deceased person are construed by the Courts in various instances as part of Article 21. Article 21 provides that “No person shall be deprived of his life or personal liberty except according to procedure established by Law.” The Supreme Court ruled in Parmanand Katara v. Union of India, 1989 that Article 21, which recognizes and ensures the right to life, fair treatment, and dignity, extends to a human beyond death. The Supreme Court emphasized the significance of treating the dead with respect in the case of Ashray Adhikar Abhiyan vs. Union of India, 2002, stating that a homeless or unidentified person has the right to a proper burial in line with the religious faith to which he or she belonged. In the case of Ramji Singh and Mujeeb Bhai vs. State of Uttar Pradesh, 2010, the Court ruled that Article 21 rights extended to dead people as well, and that they should be treated with the same respect and dignity as if they were living. Sergeant François Bertrand was one of the earliest examples of necrophilia to be documented. He was a sergeant in the French Army when he became famous as the Vampire of Montparnasse. He acknowledged to exhuming and dismembering multiple corpses buried in the cemetery for sexual enjoyment, and he was sentenced to one year in prison. Ted Bundy’s case is one of the most incredible necrophilia cases. He was a notorious serial murderer, kidnapper, and necrophile. Jeffery Dahmer’s case is one of the most well-known examples of murderous necrophilia. Dahmer was a paedophile, cannibal, and necrophile. Jeffery Dahmer’s case is one of the most well-known examples of murderous necrophilia. Dahmer was a paedophile, cannibal, and necrophile. Jeffery Dahmer’s case is one of the most well-known examples of murderous necrophilia. Dahmer was a paedophile, cannibal, and necrophile.
Several alarming incidences of necrophilia have occurred in India. In India, the most notable example was the Nithari Kand in 2006. A large number of missing women and children were reported in Nithari, Noida, and it was subsequently established that Surinder Koli, a domestic helper employed by Moninder Singh Pandher, was enticing his victims in the guise of getting work prospects and instead killing them. He had sexual relations with the victims after murdering them, chopped them into pieces to devour the human meat, and threw the remainder in plastic bags in the drain outside the home. Surinder and Moninder were both detained during the investigation, the former for perpetrating the murder and the latter for serving as his accomplice during the crime. Koli received the death penalty, while Moninder received 7 years in jail and a fine. Surinder and Moninder were both detained during the investigation, the former for perpetrating the murder and the latter for serving as his accomplice during the crime. Koli received the death penalty, while Moninder received seven years in jail and a fine. In 2017, Shankar Case- a heinous tragedy occurred in the Indian state of Tamil Nadu, exposing the dark depths of human depravity. Shankar, a 27-year-old male, was caught for sexually molesting the body of a young woman. The victim was killed in an automobile accident, and her corpse was taken to a nearby morgue. Surprisingly, Shankar, a mortuary worker, used his access to the corpse to perpetrate this horrific deed. This tragic episode brought to light the necessity for tighter security measures at mortuaries across the country. In conclusion, Necrophilia is considered defiling the dead since the corpses engage in sexual intercourse after death. There is an insufficiency in the statute on laws dealing with necrophilia. The Karnataka High Court has previously proposed modifying Section 377 of the IPC to cover such situations in the 2017 Shankar case judgment of 2023, and this move should be taken seriously. Necrophilia and transgressions against dead corpses are serious criminal offenses in nations such as the United Kingdom and Canada, providing examples for India to follow.