Necrophilia: A Legal Exploration of Dignity, Legislation, and Reform
Abstract
Necrophilia, defined as an "obsession with and usually erotic interest in or stimulation by
corpses,"1 is a subject of profound legal, historical, and psychological significance. This
article will explore necrophilia from a multifaceted perspective, encompassing its legal
classification, historical manifestations, famous cases, and implications within the criminal
justice system.
The discussion would begin by addressing the classification of necrophilia as a paraphilia, a
term employed by both the World Health Organization (WHO) and the American Psychiatric
Association. This characterization underscores the evolving recognition of necrophilia as a
serious medical condition deserving of legal scrutiny. Ten distinct categories of necrophiles
will be identified, showcasing the diverse manifestations of this phenomenon.
The article will delve into the historical context of necrophilia, tracing its roots back to
ancient civilizations where it was portrayed in historical paintings and cultural practices, such
as those of the Egyptians. A focal point of this article will be the analysis of the infamous
'Nithari' case, a watershed moment in India's legal history. The case unfolded in 2006 when
eight skeletons were discovered from a Noida residence. The suspects, Moninder Singh
Pandher and Surinder Koli, underwent narco-analysis and were subjected to a protracted legal
process. The convoluted journey through various courts, resulting in differing verdicts,
exemplifies the complexities of handling necrophilia cases within the legal framework.
This article will also endeavour to examine the court's ruling, which comes over 15 years
following the Nithari case. On June 1, 2023, the court pronounced that upon meticulous
scrutiny of the stipulations outlined in Sections 375 and 377 of the Indian Penal Code, it
becomes evident that a deceased body cannot be classified as a human being or an individual.
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“Necrophilia” <https://www.merriam-webster.com/dictionary/necrophilia> accessed August 7, 2023.
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Consequently, the stipulations presented in Sections 375 and 377 of the Indian Penal Code
would not be applicable.
This leads us to a pivotal question: Does the right to a dignified life encompass the right to a
dignified death? (Article 21).
The Indian legal landscape pertaining to necrophilia will be examined, highlighting the
inadequacies in existing legislation to safeguard the dignity of the deceased. While various
laws protect different segments of society from sexual abuse, none specifically address
offenses against the deceased. The article will also scrutinizes the concept of necrophilia
through the lens of criminal psychology, exploring the potential for criminal liability arising
from psychological and psychiatric conditions.
The evolving definition of mental illness, as articulated in Section 2(1)(s) of the Mental
Health Care Act, 2017, raises pertinent questions about the applicability of psychological and
psychiatric conditions to necrophilia. The article contemplates the potential for such
conditions to be classified as 'mental illness' and the implications thereof.
Interestingly, necrophilia is considered a psychosexual disorder and is, surprisingly, immune
from punishment in several countries. The concept of necrophilia is not a recent
development; its practice dates back to ancient times, with various instances documented
throughout history.
In India, cases involving necrophilia are evaluated in accordance with the provisions outlined
in Section 297 of the Indian Penal Code, 1860. Previously, prior to 2018, Section 377 of the
Indian Penal Code, 1860, dealt with punishments for engaging in unnatural intercourse.
However, this is no longer applicable, thereby rendering no avenue for imposing penalties
under any other Indian legal statute.
India maintains an array of legislation designed to safeguard distinct communities from
sexual abuse and related offenses. These include the Protection of Children against Sexual
Offences Act, 2012, The Sexual Harassment of Women at Workplace (Prevention,
Prohibition, and Redressal) Act, 2013, the Juvenile Justice (Care and Protection of Children)
Act, 2015, the Human Rights Act, 1993, Section 67 of the Information Technology Act, 2000,
as well as the sections within the Indian Penal Code, 1860, that address punishments for rape
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and other sexually abusive acts. Remarkably, none of these laws extend protection to the
deceased or their dignity.
Judicial implications of necrophilia across different jurisdictions will be discussed, revealing
varying degrees of legal attention to protecting the dignity of the deceased. While some
countries have developed laws addressing necrophilia, others lack comprehensive legal
measures. The article posits whether the increasing incidence of necrophilia cases in India
will prompt the establishment of specific legal provisions to address this crime.
This article offers a comprehensive examination of necrophilia, covering its legal
categorization, historical underpinnings, notable cases, and implications within the criminal
justice system. By shedding light on this complex and sensitive topic, the article contributes
to a deeper understanding of the legal and societal dimensions of necrophilia.
The article further suggests several potential changes to Indian laws in order to protect the
dignity of the deceased, to name a few -
New Section in Indian Penal Code (IPC):
Consider introducing a new section within the IPC. This section would focus on
addressing sexual abuse, disturbance, or penetration of the deceased. Penalties could
include imprisonment for up to two years, accompanied by fines, specifically
targeting pseudo necrophiliacs or opportunist necrophiliacs.
Specialized Sections in Medical Institutions:
Establish dedicated areas within medical facilities, including hospitals, rehabilitation
centres, and mental health institutions. These sections would cater to the assessment,
treatment, and rehabilitation of individuals with necrophilic tendencies.
Formation of Review Council and Awareness Programs:
Create a council composed of experts tasked with periodically reviewing existing
regulations concerning necrophiliacs. This council would also design and implement
awareness programs aimed at educating the public and facilitating early identification
of potential cases.
Enhanced Training for Law Enforcement:
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Provide specialized training for law enforcement personnel to handle individuals
exhibiting necrophilic disorders. This training would enhance their ability to engage
with and manage such situations with sensitivity and efficiency.
These proposed changes seek to strengthen the legal and societal response to necrophilic
tendencies, with a focus on upholding the dignity of the deceased and fostering a
compassionate approach toward individuals grappling with these disorders.
In conclusion, this comprehensive exploration of necrophilia, encompassing its legal,
historical, and psychological dimensions, sheds light on a deeply intricate and sensitive
subject. The analysis underscores the need for a more robust legal framework in India to
protect the dignity of the deceased and address the complexities of this phenomenon. The
proposed changes, from introducing new legal provisions to enhancing awareness and
training, offer a multifaceted approach towards ensuring a more compassionate and effective
response to necrophilic tendencies while upholding fundamental principles of respect and
humanity.
