Protecting The Dignity Of The Dead: A Comparative Legal Analysis Between India And United Kingdom
- IJLLR Journal
- Mar 19
- 2 min read
Ishita Biswas, Law College Durgapur, Rajbandh, West Bengal, India 713212
The deceased's dignity endures beyond death, remaining a moral and legal obligation for the living." Justice A.K. Sikri (quoted from Dignity Jurisprudence)
Necrophilia is the act of engaging in sex with a dead body. Paraphilia is an erotic sexual interest that has broad acceptance in psychology. Death does not wipe out human dignity; it is a fundamental right to life guaranteed in Article 21 of the Indian Constitution. But the legal system doesn't do enough to protect the rights and dignity of the dead. The word "necrophile" refers to someone who gets sexual pleasure from having sex with a dead body. The word "necrophilia" refers to the act of having sex with a dead body. This research article clarifies the legal status of necrophilia in India, highlighting the lack of specific legal provisions. In Rangaraju vs. State of Karnataka (2023), the Karnataka High Court ruled that sexual acts with a corpse do not qualify as rape or unnatural offences under the IPC, which has since been replaced by the BNS, 2023. The absence of a specific provision persists, leaving judicial concerns unresolved. The article also contrasts the legal situation in the United Kingdom, where section 70 of the Sexual Offences Act, 2003, harshly criminalizes necrophilia and carries a sentence of six months to two years imprisonment. Despite this, it has been criticized for its more limited application and mild penalties. To uphold the constitutional ideal of dignity stated in Article 21 and to foster societal respect for the deceased, the study finally emphasizes the need for prompt legislative action in India to explicitly criminalize necrophilia.
Keywords: Necrophilia; Dignity of the Dead; Article 21; Bharatiya Nyaya Sanhita, 2023; Indian Criminal Law; Rangaraju v. State of Karnataka (2023); Sexual Offences Act, 2003 (UK); Comparative Legal Analysis.
