What is Necrophilia in front of law?


When a person is living, he is protected by every law and order. But once dead, he is considered a kind of ‘entity’ by the law, thus a dead body is not protected by living laws of many countries. Although trespassing dead bodies or graveyards is written under section 297 but having an intimate relation with the dead is still not a crime in India. Necrophilia is a big question, not only for the people but also for the governments. Recall back some 5 years and remember Kolkata case of Robinson Street or be it Noida’s Surinder Kohli murder case – one thing is clear that necrophilia is not a new thing in the society.

But what necrophilia really is?

Necrophilia or necrophilic are the people who are sexually attracted to dead bodies. They have this odd fantasy of performing sex with the dead. In fact, many of them has also done it! Necrophilia is a thing which is included under mental disorders clinically. But while the practice is highly taboo in our society, real necrophiliacs are alive and among us. Are they the sick, twisted monsters we’ve seen in film and television, or are they just like the rest of us? One can’t decide being a necrophyte, as again it’s a mental disorder and of course very odd type of mental illness, thus, many people resist sharing about these things as they feel extremely shameful and has this feeling of not being accepted by the society. Depending on the country you live in, having necrophilic tendencies or behavior might be legal.

According to Indian Penal Code, under section 297- “Whoever, with the intention of depository the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.” So, it can be said that harming the dead might cause you trouble but there is no specific involvement of the term necrophilia, thus it is not recognized by the law. Whereas in several states of US, as of 2016, necrophilia was not explicitly against the law in Louisiana, North Carolina, Oklahoma, Kansas, Nebraska, New Mexico, Vermont, and Wisconsin. So you see necrophilia is not something directly linked with crime. Even in states with corpse desecration rules on the books, necrophilia is one tough nut to crack. On one hand, it’s ostensibly gross and no one wants to talk about it. And on the other it’s almost impossible to catch someone in the act, unless the so called necrophile is participating in other illegal activities, such as grave robbing or, even worse, kidnapping and murder. Most of the people does stay silent only on the basis of not being judged and so as a result the problem grow’s to a level of committing several crimes as said just now. It is stemmed from the root that necrophilia ignites by the need of an unresisting partner.

Sometimes necrophilic behavior is also ignited by non-loving partners, which means that the illness is somewhat triggered this way.  

The taboo of not accepting mentally ill people in the society has brought a tremendous amount of people under the light of heinous crimes. And thus in the end has to take responsibility of their crimes or either has to bear the lawful sentences. We need to start creating awareness and education on such topics which might not seem very important to us but actually if seen closely is without question- crucial. And in order to break stereotypes the very first step is education. Knowing about the things we very little know about is obviously the very first step towards the path of a taboo free world. 


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