Jahanvi Agarwal
Recently, the Karnataka High Court has recommended the Central Government amend provisions related to criminalizing sexual intercourse with dead bodies in the Indian Penal Code (IPC).
The Bench held that:
“It is high time for the Central Government in order to maintain the right to dignity of the dead person/woman to amend the provisions of Section 377 of IPC should include the dead body of any man, woman or animal or to introduce a separate provision as an offence against dead woman as necrophilia or sadism as has been done in United Kingdom, Canada, New Zealand, and South Africa, to ensure the dignity of the dead person including a woman.”
It was also held by the Bench that the punishment for the said offense should be imprisonment that may extend to 10 years and also shall be punishable with a fine.
In accordance with Section 377 of the IPC, which states that anybody who willingly engages in carnal intercourse “against the order of nature” with any man, woman, or animal should be punished, the Court stated that having sexual relations with a dead corpse constituted an unnatural act. However, since the word “dead body” is absent from the regulation, no action shall be taken.
In order to stop offenses against dead bodies, the court has advised the state government to guarantee that CCTV cameras are installed in all public and private hospitals’ mortuaries within six months. Additionally, it has requested that the State Government retain the following funeral services:
- Mortuary Hygiene:
- The mortuary should be regularly mopped and cleaned to preserve the deceased bodies’ remains in a proper atmosphere and uphold their dignity.
- Protected Information:
- The hospital should uphold the privacy of clinical data and must have a system in place to protect information about the deceased, particularly in situations that are stigmatized and subject to societal criticism, including HIV and suicidal patients.
- Maintaining The Privacy Of The Property:
- Post-mortem chambers shouldn’t be in the general public’s or visitors’ direct line of sight. A post-mortem chamber may be equipped with a curtain, screen, or buffer space to assure the same.
- Eliminating Physical and Infrastructure Barriers:
- In order to comply with the standards, the facility must have the infrastructure necessary to perform services that are guaranteed. According to the Indian Public Health Standard Guidelines for District Hospitals for the handling of dead corpses, all fundamental necessities must be supplied and maintained.
- Personnel Sensitization:
- The mortuary administration may occasionally sensitize the personnel to educate them on how to handle a dead corpse and interact sensitively with the deceased’s family members.
It was also stated that:
“The accused is hereby acquitted under the provisions of Section 376 of IPC for committing the rape on the victim-dead body as there is no provision in the IPC to punish him for the said offence.”
Name of the Case: Rangaraju @ Vajapeyi And State of Karnataka
Diary Number: 1610/ 2017
Bench: Justice B Veerappa and Justice Venkatesh Naik T