SC upholds Karnataka HC ruling that necrophilia is not rape

On 4th February, the Supreme Court junked a plea from the Karnataka government contesting a ruling of the Karnataka High Court that did not classify necrophilia as rape under Section 375 of the now-shelved Indian Penal Code. “Utmost it can be considered as sadism, necrophilia and there is no offence made out to punish under Section 376 of the Indian Penal Code,” it asserted. Unfortunately in India no specific legislation enacted including under the provisions of Indian Penal Code for the purpose of upholding dignity and protecting rights and crime against the dead body of the woman.” It further declared, “It is high time for the central government in order to maintain right to dignity of the dead person/woman to amend the provisions of Section 377 of IPC should include dead body of any men, woman or animal or to introduce a separate provision as offence against dead woman as necrophilia or sadism as has been done in United Kingdom, Canada, New Zealand and South Africa, to ensure dignity of the dead person including woman.” The Karnataka government had appealed against the acquittal for the rape violation to the Supreme Court. The prosecution countered that although sexual interaction with a deceased person is not considered “rape” under Section 376 of the Indian Penal Code, Article 21 of the Constitution protects the right to die with dignity, which includes the proper handling of a corpse. The plea contesting his acquittal on the rape charge was turned down by the court, which conveyed, “Since we have already concurred with the reasons and findings of the learned trial Court, we are not inclined to allow the acquittal appeal filed by the mother of the victim, therefore, it also stands dismissed.” Laws against Necrophilia: India vs other countries The legal structure that deals with necrophilia in the country akin to other parts of the world, is mostly derived from general criminal laws and regulations that uphold the sanctity of the human body and dignity.