Beyond the Grave: "An Analysis of Necrophilia Laws Worldwide and Need for Explicit Legislation in India"

Abstract

The recent ruling by the Karnataka High Court, asserting that sexual intercourse with a deceased person cannot be classified as rape, highlights the necessity for a specific legal framework addressing necrophilia in India. This article analyzes the limitations of Section 297 of the Indian Penal Code (IPC) in addressing necrophilia and examines the implications of the court's decision in Rangaraju v. State of Karnataka. The discussion emphasizes the importance of respecting the dignity of the deceased and proposes amendments to existing legislation. Comparisons are drawn with laws in other jurisdictions, such as the United Kingdom, the United States, and France, to provide a global perspective on the issue. The article concludes that there is a need for comprehensive legislation explicitly addressing necrophilia, reflecting a commitment to upholding human rights and dignity even after death. Establishing a global committee to define and establish punishments for necrophilia could facilitate a unified international approach, considering the complex interplay between legal, cultural, and ethical aspects surrounding the treatment of the deceased.