ABSTRACT
Necrophilia is an area that is not discussed as required in India. India is notorious for its high crime rates, with rape being fourth one on the list of the most common crimes in India. Rape is a term that defined as sexual molestation without the consent. It is a unlawful sexual intercourse carried out by the culprit through the assertion of force it can be physical and emotional, both. The term Rape only correlate with alive person but sexual offences are not stopped with alived person they are carried out with dead bodies as well. Necrophiles may have sexual relation with the culprit in a variety of ways, including oral sex, penile-vaginal intercourse, anal intercourse and masturbation while in the presence of a corpse. A person suffering from necrophilia may also suffer from a variety of disease that can affect both the person who is in direct contact with dead. It may prevent the required thinking on this regard during the medico legal examination.Clinical autopsies are not often part of routine care, despite their role in clarifying cause of death.
KEY WORDS
Necrophilia, Culprit, Sexual, Paraphilia
INTRODUCTION
Necrophilia is a fairly rare paraphilia but has been practiced all over the world for centuries. (Ramsland,2007) Necrophilia, characterized by the search of sexual satisfaction through engaging in sexual acts with cadavers, has undergone a significant transformation in societal perception.
Necrophilia is classified as a paraphilia by ICD10 ( ICD stands for International classification of disease) and DSM ( DSM stands for diagnostic and statistical manual.( Robin and Duncan,2002) According to the Dictionary of Merriam Webster, necrophilia is an obsession with and usually erotic interest in or stimulation by culprit. Necrophilia is also known as necrophilism, necrolagnia. Necrophilia and love for the dead has generally being applied to two kinds of phenomena sexual necrophilia that is a man’s desire to have sexual intercourse or any other kind of sexual contact with a female culprit or vice versa. The desire to be handle to be near and to be gaze at culprit. Necrophilia is classified as paraphilia by the WHO that is World Health Organization in a international classification of disease ICD diagnostic manual as well as by the American Psychiatric Association in its diagnostic and statistical manual DSM. Abusing with the culprit is not a new concept but it took a lot long time to define it as a severe medical condition. Here are some causes of necrophilia The desire to have sex with culprit usually arise from an intense fear of interacting with potential living partners, culprit cannot reject, disagree manipulate or abuse them they may also enjoy the feeling of being completely in control, lack of sexual inhibition, psychological conditions. Necrophilia is a psychosexual disease and is actually legal in many countries and other countries to believe in privacy of the dead and consider abusing the dead a crime have criminalized it. But the countries who have panel provisions related to the liability for necrophilia are not much developed. The concept of necrophilia is not new, people are practicing this since ancient times it is believed that during old times there were no fast transportation services so even the dead bodies were transported to different places through ships and the sailors while on board the ship to meet their needs used to abuse the culprit sexually. The necrophilia is classified into 3 categories: necrophilia homicide, regular necrophilia, romantic necrophilia, Necrophilia Homicide it is the gravest form of necrophilia where the necrophilic person gets compelled to cause the death of a living person to fulfill their sexual enticement. Regular Necrophilia is the necrophilic person does not cause the homicide of a living person rather they seek the body of an already dead person to have sexual intercourse with it. Romantic Necrophilia is the necrophiliac person only feels sexual arousal towards their romantic interest they cannot accept the death of their beloved partner and somehow take possession of their culprit to fulfill sexual desire and stay connected to them. Indian laws are very uncertain regarding a crime like necrophilia but do not ignore a human rights after the death of a person. Article 21 of the Indian constitution not only recognizes a right to life with dignity and respect but also include the right to die in a dignified manner. Article 21 provides the right to life, fair treatment, and dignity, and these rights extend not only to the person alive but also to their dead bodies.
RESEARCH METHODOLOGY
In this research used secondary sources of the content analysis. The sources of secondary sources are books, journals, literature reviews, case studies, news articles.
REVIEW OF LITERATURE
In 1827 a Frenchman named legor mutilated the genitals of a young girl and drank her blood after necrophilia. One of the most famous necrophiles was Sergeant Francois Bertrand, a Sergeant in the French army who during the years 1847- 1849 dug up corpses to have sex with them it was bertrand’s case that prompted the Belgian psychiatrist Joseph Wilson to come up with the term necrophilia.
India’s most famous case and the two most notable necrophiles of present times have been Surendra Koli and Moninder Singh pandher, who had committed several acts of necrophilia on dead bodies of young children and women living in their neighbourhood. Their necrophilic acts come to public attention in December 2006 during Noida serial murder investigation. this case is famous as the Nithari case.
LEGAL ANALYSIS
Necrophilia is a punishable under section 377(unnatural offenses) of the Indian Penal code. In the case of state vs. Raju (2015) Madras high court convicted Raju under IPC sections 377(unnatural offenses) and 297 ( trespassing on burial grounds) and 7 year of imprisonment. In the case of state vs. Kumar (2018) Delhi high court convicted kumar under IPC sections 377,297,and 302 (murder)and 10 years imprisonment. One more case that is state vs. Sharma (2020) Bombay high court convicted sharma under IPC sections 377 and 297 and 5 years of imprisonment. Another case of necrophilia in December 2023 in Jalandhar, where an e-rickshaw driver in his early thirties was arrested for the allegation of the murder of a 22-year-old nurse, the accused admitted to having murdered the nurse by pressing her neck against the seat of e-rickshaw, then raped her lifeless body and returned to the crime scene three hours later to repeat the abominable act. He also confessed to preying on two other women prior to this incident. He claims to have conducted the crime in a drunken state.
CRITICISMS/ CRITICAL APPRAISAL
Violation of dignity and autonomy: Necrophilia disregards the deceased persons autonomy and dignity.
Exploitation: Necrophilia in exploiting a vulnerable individual for personal gratification.
Lack of clear laws: laws regulating necrophilia vary across jurisdictions leading to inconsistencies.
Inadequate punishment: sentences for necrophilia may be too lenient, failing to reflect the severity of the offence.
Difficulty in prosecution: proving consent or intent can be challenging making prosecution complicated.Mental health concern: necrophilia may indicate underline psychological issues or disorders. Cultural and religious objections: necrophilia violates cultural and religious norms surrounding death and the treatment of the deceased.
CRITICAL APPRAISAL
Pathologization: necrophilia is often specialized ignoring complex psychological and sociological factors.
Stigmatization: The stigma surrounding necrophilia can hinder open discussion and understanding.
legal and ethical ambiguities necrophilia raises questions about consent, autonomy, and the right of the deceased.
SUGGESTIONS
Establish consistent law and regulations across jurisdictions. Increase penalties for necrophilia to reflect its severity. Promote public understanding of necrophilias and create awareness regarding necrophilias harms and consequences.
Provide counselling and resources for families affected by necrophilia. Identify and treat the underlying psychological issues. Implement strict guidelines for Mortuary staff. In Mortuary surveillance and proper monitoring. Educate healthcare professionals on necrophilia science and prevention.
CONCLUSION
Necrophilia is a complex and disturbing phenomena raises significant ethical, legal and societal concerns. That requires comprehensive understanding and action by collaborating across disciplines and jurisdictions can create a safer and more respectful world.
RIYA MITTAL
Llyod Law College Greater Noida