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The Invisible Offence: Legal Silence On Cannibalism In The Indian Criminal Justice System




Jyoti Tripathi, Advocate


ABSTRACT


While cannibalism, or anthropophagy, is universally regarded as a profound violation of the human collective conscience, it remains a "legal ghost" within modern criminal statutes. This research argues that society’s deep- seated moral revulsion has led to a state of psychological denial, causing a significant gap in legal codification despite the persistent emergence of such cases from the global controversies of the Epstein files to the harrowing, forgotten details of the Nithari killings. History demonstrates that the law often begins in silence; grave offenses such as slavery, human trafficking, and domestic violence were once legally unrecognised or insufficiently regulated until their horrific reality forced a statutory evolution.


This article contends that cannibalism is currently at a similar jurisprudential crossroads. By exploring the complex etiology of the act—ranging from structural neurobiology to pathological and situational triggers—the study highlights the dangerous inadequacy of current laws that fail to recognize cannibalism as a distinct felony. The author asserts that humankind must move beyond its "mental unreadiness" to define this horror, advocating for the explicit criminalisation of anthropophagy with a focus on deterrent punishment. Furthermore, the paper proposes a preventive ecosystem rooted in psychological assessment and counseling to mitigate the social alienation that drives such deviance. Ultimately, this research calls for a structured legal transition to ensure that these extreme violations of human dignity are met with the accountability and protection they demand.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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