Abstract
Necrophilia, the act of sexual attraction or engagement with corpses, is a rare but deeply disturbing paraphilic disorder. Though historical and religious texts reference such behavior, it remains a legal and moral grey area in many societies, including India. This article explores necrophilia through historical, psychological, and legal perspectives, highlighting the absence of specific legal provisions addressing the act in Indian law.
Focusing on landmark Indian cases like the Nithari killings and the Tumakuru case, the article underscores how perpetrators escape conviction for necrophilia due to legislative gaps. Psychological frameworks, including Anil Aggrawal’s classification and Freudian theories, help unpack the mental state behind the behavior. Societal implications such as trauma to families, health risks, and the violation of human dignity are also examined.
The study concludes by advocating for explicit legal recognition of necrophilia as a punishable offense in India and emphasizes the need for greater public awareness, mental health support, and legal reform to uphold the dignity of the dead and prevent such heinous acts.
Introduction
Necrophilia, or Necrophilism, originating from the combination of Greek words – nekros, meaning corpse and philios, meaning love; is defined as obsession with and usually erotic interest in or stimulation by corpses. It is, in other sense, a paraphilia whereby the perpetrator gets sexual pleasure in having sex with the dead. This article aims to provide a comprehensive exploration of necrophilia, delving into its historical context, modern day references, psychological underpinnings, societal implications, and legal considerations. By shedding light on this dark and unsettling subject matter, we aim to foster a better understanding of the complexities surrounding necrophilia and its impact on individuals and implications in the global and Indian society.
Necrophilia is a serious psychiatric disorder which questions the morality of a person who gets sexual arousal from the dead bodies and what goes behind the minds of people who practice the abominable act. The person who is sexually attracted to or has sex with dead bodies is termed as a Necrophiliac. A necrophiliac may indulge in ways of oral sex, penile-vaginal intercourse to anal intercourse with the corpse, or even masturbation in the presence of the body.
In layman’s language, Necrophilia is the fantasy of having sexual intercourse with the dead.
Origin
There is no solid proof of the origin of Necrophilia in the world. However, the earliest accounts of Necrophilia are found in the written records of Ancient Egypt which indicate the presence of the practice there. A Greek historian named Herodotus wrote in his book The Histories, that as there was a practice of Necrophilia, the ancient Egyptians, to avoid this practice, kept the bodies of beautiful women for three to four days to decay before handing them to the embalmers.
Religious References
Hinduism
Necrophilia in Hinduism has its references with goddess Kali and the ascetic Shaiva Sadhus, commonly called the Aghoris. It is found that the Aghoris perform Necrophilia, by having sexual intercourse with the dead, to seek satiation of the needs of Goddess Kali. It is signified that by the means of this act, the Aghoris purify themselves in front of the Goddess.
Islam
A hadith exists in six of Islam’s classical reference texts which showcases an incident of the Holy Prophet taking off his shirt and then lying in a coffin with a deceased woman. Some sources have claimed that the said lady was the Prophet’s Aunt who even if never came into the fold of Islam, was very close to him in life. The act of Necrophilia perpetrated by the Prophet was said to purify the lady and free her from the sins of dying as a Kafir. This is referred as
I dressed her in my shirt so that she may be dressed in heavenly robes, and I lay with her in her grave so that the pressures of the grave may be alleviated from her.[1]
Greek Mythology
One of the Greek mythology namely Apollodorus provides hints of the presence of Necrophilia performed by a fellow soldier, Achilles who fell in love with Penthesilia, an Amazonian Queen after her Death as he was seen standing over her corpse in the text.
Modern Day References
In the modern day scenario, all the cases of Necrophilia have linked somewhere to murders, serial killings, rapes, and cannibalism. Necrophilia is no new practice as seen from the ancient references, however each and every crime perpetrated by the Necrophiliacs have shocked and put the society in awe of the gruesome activities of the crime. Around the globe, there have been many cases of Necrophilia due to increasing psychological problems in people’s minds.
Serial Killers such as Earle Leonard Nelson, Yoshio Kodaira, Jeffrey Dahmer, Ed Gein, Garry Ridgeway, Ted Bundy and Ed Kemper have been found involved in such acts of Necrophilia as they have murdered people and performed sexual intercourse / are sexually aroused by the dead bodies. They used various tricks and techniques which became a common practice where they murdered people and had sexual intercourse with the dead bodies. There were also other criminals like Karen Margaret Greenlee, who was one of the very few female Necrophiliacs and she was found to have sexual intercourse with more than 20 dead bodies of men. Even then due to lack of laws in the state of California, she was not convicted under the offence of Necrophilia.
There are many countries around the globe which do not possess a specific law on Necrophilia and Rights of Dead due to which, all the convicts have not been punished under the termed offence of Necrophilia.
Cases in India
Generally, the cases of Necrophilia have been related to perpetrated by the serial killers in the whole world. However, the cases found in India are more of individual murders and then performance of the heinous act of Necrophilia. One of the more common practices of Necrophilia in India have been found in the morgues where the dead bodies are kept. In the morgues of India, there have been multiple unrecognized incidents of Necrophilia which are perpetrated by the security guards of the morgues. The security guards have been found having sexual intercourse with the female dead bodies present in the morgue and are never convicted.
The two famous cases of Necrophilia in India are –
The Nithari Case (2006)
Surendra Koli & Ors. v. State of U.P. & Ors.[2]
The Nithari Case / The Noida Serial Murders Case of 2006 is a horrendous case of serial killings, cannibalism, rapes and Necrophilia of women and children. The two perpetrators involved in the act are said to have performed necrophilia on the dead bodies of the women and children which were abducted by them from Sector 31 of the Nithari village. The children, both male and female were consequently found missing from 2003 and the case came into light in 2006 which led to the findings of Moninder Singh Pandher and his servant Surendra Koli. Both the perpetrators have been acquitted in certain cases and convicted under certain charges. However, there are no specific laws on Necrophilia or rights of the Dead in India due to which in all charges, there is no mention of Necrophilia.
The Tumakuru Necrophilia Case (2015)
Rangaraju @ Vajapeyi vs State Of Karnataka[3]
The Tumakuru Case is a case of 2015 where a girl was found dead with her throat slit ans since her clothes were not found on the body, it was suspected that she was raped as well. The Sessions Court convicted under the charges of Murder and Rape. However, it was contended in the High Court that the term ‘Necrophilia’ is not recognized as a crime under the Indian Penal Code, 1860. Sexual Intercourse with the Dead does not attract Section 377 of the IPC and thus, the accused was not convicted under the charges of Necrophilia. The Court recommended that there is a severe need of addition of provisions of punishment and crime of Necrophilia to protect the dignity of the Dead.
Psychological Perspectives
Understanding the psychological aspects of necrophilia is crucial for comprehending the motivations behind this aberrant behavior. While necrophilia is considered a paraphilic disorder in the Diagnostic and Statistical Manual of Mental Disorders Fifth Edition (DSM-5).
Forensic Psychologist Anil Aggrawal has presented a ten-tier classification of necrophiliacs based on the increasing severity of the apparent disorder. He classified them as Role players, Romantic necrophiliacs, Necrophilic fantasizers, Tactile necrophiliacs, Fetishistic necrophiliacs, Necromutilomaniacs, Opportunistic necrophiliacs, Regular necrophiliacs, Homicidal necrophiliacs and Exclusive necrophiliacs.
Several psychological theories attempt to explain the development and maintenance of necrophilic inclinations. Psychoanalytic theories, such as Freud’s psychosexual development stages, suggest that unresolved conflicts during childhood may contribute to the emergence of necrophilic tendencies. Behavioral theories highlight the role of conditioning and reinforcement, while cognitive theories explore the distorted thought patterns and beliefs that may underpin necrophilic fantasies and acts.
Moreover, examining the relationship between necrophilia and other psychiatric conditions, such as antisocial personality disorder and sadism, can provide insights into the complex nature of this phenomenon. Additionally, research on neurobiology and brain imaging may offer further understanding of the neurological factors associated with necrophilia.
Treatments
Treating individuals who engage in necrophilic acts requires a comprehensive and multi-faceted approach that addresses the underlying psychological issues, promotes rehabilitation, and reduces the risk of reoffending. While research on specific interventions for necrophilia is limited, there are general therapeutic strategies that can be applied. The following are some potential treatment approaches or interventions that can help individuals who engage in necrophilic acts:
Cognitive-Behavioral Therapy, Group Therapy, Trauma-Focused Therapy, Relapse Prevention Strategies, Pharmacological Interventions and Collaborative Approach.
It is important to recognize that treatment approaches should be tailored to the specific needs and circumstances of each individual. The involvement of trained professionals with expertise in sexual disorders and forensic psychology is crucial to provide appropriate assessment, treatment, and monitoring throughout the rehabilitation process.
Societal Implications
Necrophilia carries significant societal implications, impacting not only the individuals involved but also communities and legal systems. The violation of human dignity and the desecration of corpses lie at the core of the public’s revulsion towards necrophilic acts. The media’s portrayal of necrophilia in popular culture further contributes to its stigmatization. Consequently, individuals with necrophiliac tendencies may experience profound social isolation and face challenges in seeking help or treatment.
Furthermore, the psychological harm inflicted on the families of the deceased and the potential spread of diseases are additional concerns. The emotional trauma experienced by bereaved families upon discovering that their loved ones’ remains have been violated is immeasurable. Additionally, the risk of transmitting infections or diseases through necrophilic acts underscores the public health aspect of this issue.
Therefore, addressing the societal implications of necrophilia is crucial for creating awareness, initiating dialogue, and formulating appropriate responses. This includes developing comprehensive support systems for the families affected by necrophilic acts and ensuring access to mental health resources for individuals struggling with necrophilic tendencies.
Conclusion
The act of Necrophilia is serious and horrendous crime, even though having found its place in the books of history from the earliest time period till today and multiple instances of the act with many other crimes like murders, rapes and cannibalism, no specific laws have been made to punish the perpetrators of such crime. There has been a severe need for the specific laws of punishment for Necrophilia and the law should also provide the rights to the dead as they also have the right to protect their social and legal dignity. The lack of social awareness of the act has created a greater gap between the current laws and the required laws for the crime.
[1]Sakal Sach, “How Saka Johar Prevented Necrophilia” Kreately (2023).
[2]Surendra Koli v. State of U.P., CAPITAL CASES No. 5183 of 2017 at Allahabad
[3]Rangaraju @ Vajapeyi v. State of Karnataka, 2023 SCC OnLine Kar 23
Author: Bhavya Shamalia is a 2nd Year B.A. L.L.B. (Hons.) student at The Maharaja Sayajirao University of Baroda
