Sexual assault on dead body not rape, says Karnataka High Court

BENGALURU: Holding that rape of a dead woman will not attract an offence punishable under the provisions of Section 376 of IPC, the Karnataka High Court recommended to the Union government to amend this Section to introduce the term ‘dead body’ so that the culprits, who indulge in such acts (rape the dead bodies of men, women or animals), are sentenced to life imprisonment.

The Union government should amend the provisions of Section 377 or introduce a separate provision as an offence against dead women as necrophilia (sexual assault on dead body) or sadism as has been done in the UK, Canada, New Zealand and South Africa, to uphold the dignity of dead persons, especially women, said a division bench of Justices B Veerappa and Venkatesh Naik T in an order on May 30.

The court passed the order while setting aside the 10-year imprisonment imposed on Rangaraju for raping a woman after murdering her in Tumakuru district and confirming the imprisonment for life with a fine imposed by the sessions court on him in August 2017. Rangaraju had murdered a 21-year-old girl by slitting her throat while she was returning home from computer classes in June 2015.

Also, taking note of media reports of alleged incidents of guards raping dead bodies, especially of young women in mortuaries, the court said the state government should put an end to such crimes. Unfortunately in India, no specific legislation has been enacted, including under IPC, for upholding the dignity and protecting the rights of dead persons, especially women, and for preventing crimes against them, the court added. 

‘Society shouldn’t allow such disgrace to dead’

Referring to the present case, the court said the accused first murdered the victim and then had sexual intercourse with the dead body. It cannot be held as a sexual or unnatural offence as defined under Sections 375 and 377 of the IPC and also it cannot be termed as rape punishable under Section 376 of the IPC. Utmost, it can be considered as sadism and necrophilia.

“It is our experience that newspapers publish reports of people illegally keeping dead bodies on the road or in front of police stations, holding up traffic for hours, in support of their demands for compensation or better amenities. Society should not allow such disgrace to the dead. The state...must take possession of the bodies misused by people, for their decent and dignified funeral,” the court said.

HC’s RECOMMENDATIONS 
 Install CCTV cameras in government and private mortuaries to prevent offences against the dead, especially women, within six months.
 Maintain hygiene in mortuaries and preserve the bodies in a dignified manner.
 Maintain confidentiality of clinical records and have a mechanism for guarding information related to the dead, especially in HIV and suicide cases.
 Ensure that postmortem rooms are not open for the general public.
 Raise awareness among mortuary staff from time to time on handling bodies.