Necrophilia And Rape

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Introduction:

Recently Some Pictures Went Viral On Social Media Showing Parents Locking The Grave Of Their Daughter To Avoid Rape. The News Might Be Viral Or True But It Puts The Light On One The Most Serious Issue That Is Necrophilia And Rape.

Important Decision:

On Jun 06, 2023

The Karnataka High Court cited sections of the Indian Penal Code (IPC) that do not explicitly address punishment for engaging in “Necrophilic activities”. The Karnataka High Court on May 30 acquitted a 22-year-old man accused in a 2015 case of “murdering a 21-year-old woman and engaging in sexual intercourse with her body.” The court cited sections of the Indian Penal Code (IPC) that do not explicitly address punishment for engaging in “sexual intercourse with a deceased body,” as the law only applies to acts involving a living person. However, the accused was charged with murder and received a life imprisonment sentence, along with a fine of ₹50,000, under Section 302 (murder) of the IPC. (1)

Sections:

Currently, Cases of Necrophilia in India are being referred to under the provisions of Section 297 and Section 377 Of IPC

Question Arise:

Now The Question Here Arise That Whether A Person Is Dead But is He Still Having Any Protection Over His Dignity Even After Death?
Although it cannot be held as an sexual offences or unnatural offence as defined under Section 375 and 377 of the Indian Penal Code, Still It Is An Offence That Puts Terror In The Minds Of People.

As Per The Principle A Crime Is Either Moral Or Criminal In Nature, But In What Category The Rape Of An Dead Body Should Be Considered? It Is Not An Criminal Offence But Has Essentials Of Criminal Offence like

• Affecting Public Policy
• Negative Impact On Society
• Without Authority
• Against Morality
• Etc

And It Is Absolutely Moral Wrong, But Moral Wrongs are not having any Punishment in any law unless it is Guarantee of an Person.


Possible Solution:

Untill There Is No Punishment Or Any Separate Law Regarding This There Can Be Some Of Options For The Act Of Necrophilia Such as

• Defamation 

The Act Of Defamation Can Be Considered For Dead Person Also Under Section 499 And 500 Of IPC. 
Just Like Many Other Principal The Act Of Rape Can Be Defaming Act Against An Person So This Is One Of Option Available But Depends On The Circumstances Of Case

• Misappropriation

Section 404 Of The IPC Do Recognize The dishonest misappropriation of the dead man’s property as an offence. 

• Criminal Intimidation 

Many Times An Person Can Threat Another Person For Committing The Rape On His One Of His Dead Family Member  And This Can Be The Offence Under 503 Of The IPC

• Act Relating To Religion

Under Section 297 Of The IPC The Trespassing On The Burial Place Is Offence

Human Rights On Necrophila:

The United Nations Commission on Human Rights: The 2005 resolution on human rights and forensic science underlined the importance of dignified handling of human remains, including their proper management and disposal as well as of respect for the needs of families.(2)

In Geneva Convention 1949 The Rights Of Dead Person were Highlighted, It was Held That Even For The Military Operation Or war etc, The Remainings of and person shall be Treated well.

Even indian Military in war Not Only Respected Indian But Pakistani And Chinese Soldiers Remainings Also.

The UK Military Manual, 1958 states “The dead must be protected against maltreatment.” (3)

Article 19 of the 1880 Oxford Manual provides: “It is forbidden to … mutilate the dead lying on the field of battle.” (4)

From The Above Examples We Understand The Importance of The "Dignity Of deceased"

Islam And Necrophilia :

Religious Sentiment Are Most Important For An Person, Necrophilia Is Not The Problem For Hindus Generally Until There Is An Custom Of Burial In Some Areas,
And Christians Are Not In Big Number In India too.
But In Islam People Are Buried Down As Per Their Religious Practice. So Rape Of An Dead body Is A Big Problem For Muslims Too, It Will Hurt Their Sentiment.

Cairo Declaration Puts Light On This.

Conclusion:

So The Demand Of An Separate Law For Rape Against Dead Bodies Is The Object Of This Blog, As The Time Changes The Ways Of Crime Change With It too, This Is The Beginning Of An New Offence And Important Steps Shall Be Taken Too.

Reference:

(1) Hindustan Times
(2) icrc.org
(3) the uk military manual
(4) icrc.org

- Anmol Vyas

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