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Introduction
Disturbing attraction that some individuals have with dead bodies is referred to as Necrophilia. Mostly it's coupled with engaging in sexual activity with a strong desire to satisfy them for gratification. Various unconventional sexual interests are there and in some cases, they might even be categorised under paraphilias. It can also include desires wherein without consent of individuals, children, non-living objects or even deriving pleasure from other partners suffering and humiliation. This leads to physical and psychological harm.
The term "Necrophilia" was quoted first by Belgian physician Joseph Gulsain and it originated from the Greek roots "nekrós" which means dead and "philia" which means attraction. It not only has sexual attraction towards corpses but also, it can include venting out either romantic or sadistic feelings toward corpses. Psychologically, Necrophilia often stems from an inability to accept the death of a loved one that results in attempts to preserve the body. Sometimes even in the form of hallucinations wherein the person has a misguided belief in their continued presence and survival.
Historical and cultural perceptions of Necrophilia in the context of Ancient Egyptian and medieval legends
From the ancient Egyptian era itself, many precautions were taken to safeguard against necrophilia with customs such as prohibiting the delivery of the corpses of individuals to embalmers to prevent violation. Medieval legends including those of King Herod, King Waldemar, and Charlemagne depict instances of post-mortem sexual relations, contributing to the complex historical narrative surrounding necrophilia.
A complex interplay of History, Culture, and Mythology
The exploration of necrophilia throughout history reveals a complexity and multiple interplay of cultural norms, religious beliefs, and artistic representations. Ancient civilizations implemented precautions to prevent its occurrence but modern society continues to grapple with its portrayal in mythology, literature and art, reflecting this as a dynamic concept and controversy surrounding this taboo topic.
Disturbing Crime at Karimganj Civil Hospital
A horrific incident took place recently at the Karimganj Civil Hospital in Assam, India. Manju Rabi Das was a man who worked as a sweeper at the hospital. He sexually assaulted the minor girl's corpse and further he was taken under custody and was arrested.
- The Discovery of the Crime
It was under unnatural circumstances when a young girl from the Bazaricherra area in Karimganj district passed away and then this incident came into the picture. This further led to a post-mortem examination scheduled at the Karimganj Civil Hospital mortuary where the body of the girl was brought.
It was during the examination of the girl’s body in the post-mortem, that doctors found injuries on the girl's body that were earlier not even mentioned in the initial report by the magistrate who was keeping a close check on this case. This led to investigation by authorities and a discrepancy and even doubts were raised on the credibility of the report. After the discovery of the injuries, police had to question the staff on duty at the mortuary, including Manju Rabi Das. He then allegedly confessed during the questioning to the police that he was the one who had committed such necrophilia or sexual acts with the deceased girl's body. Das confession allowed the police to file a case against him. The girl's body was transported to Silchar Medical College and Hospital for a more thorough forensic examination to acquire additional evidence.
- Ongoing Investigation and justice still awaited
The team's investigations finished with the statement that the inquiry into this distressing incident is still ongoing. This means that officials are likely looking for further evidence to arrive at a conclusion in this case and examine whether any security gaps at the hospital allowed this tragic tragedy to occur. This act sparked controversy and raised serious concerns about the safety and security of the Karimganj Civil Hospital. The current inquiry aims to bring justice to the victim and prevent such a tragic act from happening again.
Nithari case of 2006
India has seen several distressing cases of necrophilia. The Nithari case from 2006 was the most known and discussed one in India. Surinder Koli was a domestic worker in Nithari, Noida. He was found to be responsible for numerous disappearance reports of women and children. Help by Moninder Singh Pandher lured victims with promises of work but ultimately killed them. Once murdering them, he then had sexual intercourse with the bodies of the victims and then even cut them into bits for meat, and disposed of the rest in plastic bags in the sewer outside the house. Nine female children, two male youngsters and five adults were victims of this egregious violence.
Koli murdered and assaulted women. Despite being aware of this horrible murder, four individuals including a domestic servant, a gardener and two drivers who resided in the same house as Surinder and Moninder ; were not arrested. They were tried as witnesses to the crime. Surinder and Moninder were arrested for the crime with the latter functioning as an accomplice. Koli received a death sentence, while Moninder received seven years in prison and a fine.
Necrophilia case in Palghar, Maharashtra
Another occurrence of necrophilia occurred in Palghar, Maharashtra. Shiva Choudhary who was a shopkeeper had murdered a woman during an incident over household goods. He confessed to killing her and having sexual intercourse. After being separated from his wife for almost a year then he felt compelled to kill her. He was accused of both rape and murder. He was arrested and investigated for potential mental health issues. In addition to these incidents, there have been numerous additional occurrences of necrophilia in India. For example, Akan Saikia was detained after he was seen molesting the body of a fourteen-year-old girl who had been buried. Since few rules govern and punish necrophilia due to these reasons offences go unpunished.
Understanding Criminal Liability and Human Rights in India
In India's legal landscape, the concept of criminal culpability is effective when combined with the protection of human rights. This includes the treatment of the deceased. While Indian law is still ambiguous on specific offences such as necrophilia, it preserves the essential concepts of decency and respect for both the living and the deceased.
Legal Precedents Upholding Human Dignity
Article 21 of the Indian Constitution lays down the foundation for the right to life with dignity and respect which includes the right to die with dignity. This constitutional provision had been upheld by numerous landmark judgments such as Parmanand Katara v Union of India, where the Supreme Court held that Article 21 safeguards the rights of both the living and the deceased.
In Ashray Adhikar Ahiyan v Union of India, an Indian High Court stressed the importance of upholding the dignity of the dead, particularly in ensuring that the religious beliefs of homeless individuals are respected during their cremation rites. Furthermore, in the case of Ramji Singh and Mujeeb Bhai v. State of U.P. & Ors., the Allahabad High Court emphasised that Article 21 comprises the right to treat deceased individuals with the same respect and dignity they were entitled to during their lifetime. The court also discouraged unnecessary post-mortems unless deemed essential.
Implications for Criminal Liability
While the legal framework in India may not explicitly address certain offences like necrophilia, the overarching principles of human dignity and respect for the deceased guide judicial interpretations and decisions. This emphasizes more on the holistic approach of Indian courts towards criminal liability by ensuring that legal principles align with fundamental human rights even in cases involving the deceased. In various settings beyond cemeteries such as mortuary and crime scenes, corpses and cadavers can be encountered. When an individual trespasses into a burial ground and desecrates a corpse then they may face legal consequences including imprisonment, fines or both. Provided that the prosecution can establish their guilt beyond a reasonable doubt.
However, the Indian Penal Code, under section 377, defines necrophilia as the voluntary act of engaging in sexual intercourse with a deceased person that is deemed against the order of nature. In the case of Childline India Foundation v Allan John Waters, the Supreme Court clarified that for an act to constitute necrophilia under Section 377, it must involve carnal intercourse contrary to nature with the additional criterion that such acts are rare and cannot result in procreation. Despite the apparent contradiction of necrophilia with the natural order, the term "voluntarily" complicates its classification within this category.
Conclusion
It isn't a recent issue that such necrophilia cases are being reported only today or a passing trend. Instead, such cases were happening even in past and due to stigmas attached to this topic no such cases were even being filed. It's a serious issue that demands appropriate protocols and responses. While it may be impractical to hold animals or birds liable for necrophilic behavior but the same cannot be true for humans, who must handle such cases with extreme caution and attention. While medical science advances in understanding and treating necrophilia, it is critical to have clear and enforceable rules in place to effectively manage and control such situations. Numerous research have looked at the origins and underlying causes of necrophilia, but it is difficult for society to take a more vigilant and proactive approach to resolving and preventing such incidents.
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