INTRODUCTION

Throughout history, the greatest respect has been given to the deceased so that they may rest in peace. One of the most horrible acts and the highest form of desecration of a dead body is rape. The abuse of a corpse is not a new concept. However, it has taken several decades for this disorder to be recognized. This bizarre act is called "Necrophilia," a psychosexual disorder involving sexual intercourse or fascination with dead bodies.

If we look closely, society has failed miserably in creating a safe environment for people, especially women. Today, hardly a day goes by without another woman appearing on the horrific list of rape victims. To add to the misery, even the body of a dead woman is not spared by these mindless and cruel rapists.

WHAT IS NECROPHILIA?

The term was coined by a Belgian physician Joseph Guislain. It is derived from the Greek terms "nekros" (corpse) and "philios" (love, attraction, or friendship). Together, it means to feel sexual when having sex with a dead person. However, the term was not used openly until Richard von Krafft-Ebing published his research paper titled "Phychopathia Sexualis," where he defined necrophilia as 'a horrible manifestation of sadism." This misconception persisted until 1941 when Abraham A. Brill claimed that necrophiles were psychotic, mentally disturbed, and unable to find a consenting partner.

In the past, necrophilia was associated with cannibalism (eating the flesh of one's own species), vampirism (drinking the blood of a human or animal), necropedophilia (physical attraction to the corpses of children), and necrozoophilia (sexual attraction to the corpses of animals). However, we need to understand how the term is recognized and classified in modern times.

PERPETRATOR AND THE VICTIM

It can be a man or a woman. However, experts believe that necrophilia is more common in males. The male necrophiliac usually prefers a female corpse. The perpetrators are usually employees of mortuaries, hospitals, funeral homes, embalmers, anatomy students, ambulance drivers, pathologists, or gravediggers

CHARACTERISTICS OF NECROPHILIACS

There can be two types of necrophilia. First, sexual necrophilia: a man's desire to have sex with a female corpse or vice versa. Second, non-sexual necrophilia: the desire to merely stare at, be near or touch the dead body.

Other forms include necrosadism (lust murder), in which a corpse is procured by killing it for the purpose of sexual assault, and necrophagy (mutilating it and eating the parts). It is usually committed before the burial of the corpse or after burial often involving digging the grave and raping it.

CLASSES OF NECROPHILIACS

Prof. Dr. Anil Agarwal in his research paper, "A New Classification of Necrophilia," proposed a ten-tiered classification, as follows:

1: Role Players

They are mildly pathological and enjoy a type of sexual role-playing. They do not have sex with a corpse, but it excites them greatly to do it with a living person pretending to be dead.

2: Romantic necrophiliacs

These cannot bear the loss of their loved ones. They mummify their corpse and continue to have sexual relations with them.

3: Necrophiliac fantasizers

They do not have sex with the corpse, but simply fantasize about it. The mere sight of a corpse triggers an erotic feeling in them.

4: Tactile necrophiles

They enjoy touching or even licking the private parts of the corpse such as genitals or breasts. Some of them insist on taking a job as a mortuary attendant just to be around dead bodies. Medical students who get an erection while dissecting corpses also fall into this category.

5: Fetishistic necrophiles

They do not have sex with the corpse, but cut off a part such as the breasts or genitals, vaginal hair, a finger, or an undergarment and keep it in their pocket or wear it as a mascot for erotic pleasure.

6: Necromutilomaniacs

They find pleasure in eating the body parts. A 40-year-old morgue worker would cut the corpse, remove its organs, and then masturbate by sipping the blood.

7: Opportunistic necrophiliacs

They are content to have sex with living people, but when the opportunity arises, so with the corpses.

8: Normal necrophiliacs

They do not enjoy having sex with a living person but choose a corpse because they believe it will give them more pleasure.

9: Homicidal necrophiles

They are the creepiest and most violent by nature, resorting to killing for sex. Gary Leon Ridgway, a felon, claimed he was addicted to corpses of sex workers. Another serial killer, Jeffery Dahmer, admitted that just the human parts excited his sex drive.

10: Exclusive necrophiles

They are unable to have sex with living persons and therefore sex with a corpse becomes an absolute necessity for them.

CAUSES OF NECROPHILIA

1. A strong fear of interacting with potential living partners.
2. Corpses as not physically and emotionally threatening, so necrophiles are sexually satisfied with them.
3. Necrophiles cannot be rejected, repulsed, abused, or manipulated by the dead, and have complete control over them.
4. They are unable to cope with the loss of a loved one. They mummify their bodies while continuing to have sex with them.
5. Necrophiles usually have no sexual inhibitions and are unaware of social boundaries.
6. Psychological aspects such as psychopathy or sociopathy are the cause of this romantic obsession with a corpse.

INSTANCES IN INDIA

1. The Nithari Case: In 2006, serial killers Mohinder Singh Pandher, a businessman and his servant Surendra Koli were arrested after 19 girls went missing in Noida, Delhi. They murdered the girls and had sex with the corpses. Though the accused were convicted under various sections of the Indian Penal Code, they were not tried for necrophilia as there was no law.
2. In 2017, Mr. Debashish Dhara was arrested for murdering and raping a 25-year-old Physiotherapist. The accused was obsessed with her and used to stare at her. One night he killed her and used a hair-comb to perform unnatural sex on her corpse.

WOMEN AREN’T SAFE EVEN INSIDE GRAVES

1. In 2015, three men from Uttar Pradesh were arrested for gang-raping a dead woman who had died after undergoing a painful child delivery. Her corpse was dug up from the grave, defiled, and left naked, twenty feet away from the spot.
2. In 2016, Rajendra, a sex maniac from Fatehpur Sikhri was arrested as he dug up a grave and raped a woman’s corpse to satisfy his hunger for sex.

LEGAL IMPLICATIONS IN INDIA

Necrophilia is a psychosexual illness that is actually accepted as normal in many nations. Many nations consider the privacy of the deceased as equally important as that of a living person. They hold any abuse with a corpse as a crime.

Even though the Indian laws are ambiguous about a crime like necrophilia, they do not endanger the human rights of a deceased person. In addition to the Right to live with dignity, Article 21 of the Indian Constitution also recognizes the Right to die with dignity.

In India a person’s liability for necrophilia can be ascertained only under Section 297 of the Indian Penal Code, 1860 which criminalizes acts such as trespassing in burial places, punishable with a year in prison, a fine, or a combination of the two. However, there is no punishment mentioned for mistreating or abusing the corpse.

Prior to 2018, having unnatural intercourse was punishable under Section 377 of the IPC, but it is no longer the case and hence no other provision under the Code has any potential for punishment. 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, Information Technology Act, 2000 and certain provisions of rape and other sexual offences are just a few examples of the various types of laws India has in place to protect the different communities from sexual offences. However, none of them are protecting the deceased for the same.

CONCLUSION

Necrophilia is an actual issue for which there should be appropriate procedures, not a new trend or condition. While it is not possible to penalize animals or birds for necrophilia, this behavior should be handled with care when it comes to people.

Medical research is developing ethically, but in order to carry out its goals, correct rules are undoubtedly needed. Studies have shown the history of necrophilia, but the current social climate calls for a far more sober stance on the future.

Necrophilia was added to the DSM-V due to significant advances in medical knowledge, yet there has been no equivalent advancement or recognition of this illness in India. In order to effectively prosecute offences that could truly be made punishable, it is imperative that the field of psychology and psychiatry develop in India. The key should be the rehabilitation procedure, which requires investigation and analysis. Effective rules are required right now in order to distinguish between actual offenders and people who are mentally ill.

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