From silence to sanction: comparative analysis of necrophilia laws in India and other countries

This research paper focuses into the legal liability of necrophilia across various jurisdictions, with a focus on India. Necrophilia, a deeply stigmatized and seldom-discussed crime, presents unique challenges for legislators and legal practitioners. In India, the legal framework addressing necrophi...

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Main Authors: Hifajatali Sayyed, Jyotsana Singh
Format: Article
Language:English
Published: Taylor & Francis Group 2024-12-01
Series:Cogent Social Sciences
Subjects:
Online Access:https://www.tandfonline.com/doi/10.1080/23311886.2024.2433700
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author Hifajatali Sayyed
Jyotsana Singh
author_facet Hifajatali Sayyed
Jyotsana Singh
author_sort Hifajatali Sayyed
collection DOAJ
description This research paper focuses into the legal liability of necrophilia across various jurisdictions, with a focus on India. Necrophilia, a deeply stigmatized and seldom-discussed crime, presents unique challenges for legislators and legal practitioners. In India, the legal framework addressing necrophilia is often ambiguous, leading to inconsistencies in prosecution and punishment. This study aims to illuminate the gaps in Indian law by comparing it with the legal approaches of other countries, including those with explicit statutes and stringent penalties. Through a detailed examination of case laws, statutory provisions, and legal commentaries, the research identifies the strengths and weaknesses of different legal systems in dealing with necrophilia. The comparative analysis seeks to provide a comprehensive understanding of how different cultural, social, and legal contexts influence the formulation and enforcement of laws against necrophilia. By highlighting best practices and potential pitfalls, this study offers recommendations for enhancing the Indian legal framework to ensure more effective deterrence and prosecution of necrophilia. Ultimately, the research underscores the importance of clear, robust legal provisions to address this crime, advocating for legal reforms that balance the need for justice with respect for the sensitivities surrounding the issue.
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spelling doaj-art-6792e87ea4114358bd21d267b1cd84be2025-08-20T03:44:14ZengTaylor & Francis GroupCogent Social Sciences2331-18862024-12-0110110.1080/23311886.2024.2433700From silence to sanction: comparative analysis of necrophilia laws in India and other countriesHifajatali Sayyed0Jyotsana Singh1Symbiosis Law School Hyderabad, Symbiosis International Deemed University, Pune, IndiaSymbiosis Law School Hyderabad, Symbiosis International Deemed University, Pune, IndiaThis research paper focuses into the legal liability of necrophilia across various jurisdictions, with a focus on India. Necrophilia, a deeply stigmatized and seldom-discussed crime, presents unique challenges for legislators and legal practitioners. In India, the legal framework addressing necrophilia is often ambiguous, leading to inconsistencies in prosecution and punishment. This study aims to illuminate the gaps in Indian law by comparing it with the legal approaches of other countries, including those with explicit statutes and stringent penalties. Through a detailed examination of case laws, statutory provisions, and legal commentaries, the research identifies the strengths and weaknesses of different legal systems in dealing with necrophilia. The comparative analysis seeks to provide a comprehensive understanding of how different cultural, social, and legal contexts influence the formulation and enforcement of laws against necrophilia. By highlighting best practices and potential pitfalls, this study offers recommendations for enhancing the Indian legal framework to ensure more effective deterrence and prosecution of necrophilia. Ultimately, the research underscores the importance of clear, robust legal provisions to address this crime, advocating for legal reforms that balance the need for justice with respect for the sensitivities surrounding the issue.https://www.tandfonline.com/doi/10.1080/23311886.2024.2433700Necrophiliacorpsesexual intercourseIndiaLiabilityCriminal Law & Practice
spellingShingle Hifajatali Sayyed
Jyotsana Singh
From silence to sanction: comparative analysis of necrophilia laws in India and other countries
Cogent Social Sciences
Necrophilia
corpse
sexual intercourse
India
Liability
Criminal Law & Practice
title From silence to sanction: comparative analysis of necrophilia laws in India and other countries
title_full From silence to sanction: comparative analysis of necrophilia laws in India and other countries
title_fullStr From silence to sanction: comparative analysis of necrophilia laws in India and other countries
title_full_unstemmed From silence to sanction: comparative analysis of necrophilia laws in India and other countries
title_short From silence to sanction: comparative analysis of necrophilia laws in India and other countries
title_sort from silence to sanction comparative analysis of necrophilia laws in india and other countries
topic Necrophilia
corpse
sexual intercourse
India
Liability
Criminal Law & Practice
url https://www.tandfonline.com/doi/10.1080/23311886.2024.2433700
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