INTRODUCTION
Cannibalism might appear to be a relatively new term, however, contrary to popular belief, it has existed for ages. Broadly defined, it is the consumption of an individual species by another species of the same kind[1]. Human cannibalism (also called ‘anthropophagy’) is defined as the consumption of human flesh by another human. Many tribes across the world have indulged in the practice of cannibalism in pre-modern societies. However, with the onset of modernisation and the development of civilisations, the practice of cannibalism was seen as inhumane and considered immoral and therefore slowly it faded away. The legal systems across the world today condemn such barbaric acts. Despite this, there have been reports of various instances of cannibalism across the globe. Though a rare occurrence, human cannibalism is still practised today. This blog aims to shed light on some of such cases and the legal ramifications one would face today for the act of cannibalism and also suggest reforms regarding the same.
RELEVANT CASES
The Jeffery Dahmer Case
Jeffery Dahmer (infamously referred to as the ‘Milwaukee Cannibal’) was an American serial killer responsible for the deaths of 17 males between 1978 and 1991. Considered to be one of the spine-chilling cases in American crime history, his gruesome crimes apart from murder, also included acts of necrophilia and cannibalism. Born in Milwaukee, Wisconsin, and later moving to Bath Township, Ohio, Dahmer committed his first murder in Ohio in 1978, just a few days after graduating from High School. On returning to his hometown he murdered the other 16 men and boys, most of whom were gay, racial minorities in the state, and poor. He would lure the victims into his apartment on the pretext of clicking photographs in exchange for money. He would later drug them and thereby sexually assault them, and strangle them to death. Upon their death, he would have intercourse with the corpse and in some cases, eat the blood and body parts of the victim. His heinous crimes went highly unnoticed by the police, mainly because of the homophobia and racism prevalent in the state. They were finally brought before the world when one of his victims escaped from his apartment and informed the police about his activities. The Milwaukee Police arrested Dahmer from his apartment and upon investigation, found the skulls and other remains of the victims in his apartment. It was revealed that Dahmer would keep the body parts of his victims as souvenirs[2]. Unlike in most of the cases, Dahmer provided the complete details of his killings to the authorities which helped them in gathering evidence against him. During the initial stages of his trial, he pleaded not guilty and tried to take the defence of insanity, but eventually, he changed his plea to being guilty of the 17 murders. In February 1992, he was convicted and sentenced to 15 consecutive life imprisonments, and a 16th conviction was added in May for his second murder. [3]
The Kerala Human Sacrifice Case
The Kerala human sacrifice case of 2022 took place in Elanthoor village in Pathanamthitta district of Kerala. This case was filed for the criminal charges of torturing and murdering two women as part of a human sacrifice and has attracted a lot of media attention because of the alleged involvement of cannibalism. The victims were identified to be Roslin and Padma, both lottery ticket vendors, who were living away from their families. The murders were committed under the pretence of sacrifice for a ritual. An investigation is ongoing and the Kerala Police have arrested the three main accused Mohammed Shafi, Bhagaval Singh, and his wife Laila. Shafi is a habitual offender and the mastermind behind the sacrifice while the couple have no record of criminal history. In the confessional statement given by Laila, it was revealed that the couple were in financial trouble and hence they approached Shafi on Facebook who claimed to solve their issues through black magic. He lured both the victims and induced the couple to carry out the sacrifices of the victims[4]. It is also alleged that the body parts of the women were probably cooked and eaten by the accused. Upon exhumation of the bodies of the victims, the police found that Roslin’s body was cut into 5 pieces and Padma’s was cut into 56 pieces and they were buried outside the house of the couple[5]. This case was and still is one of the cases that question the humanity of people in the world. It shattered the belief system of society as a whole and brought people to the harsh reality of what the world is becoming. The recent updates of the case include the denial of bail application of Laila Bhagaval Singh on January 22, 2024. The Kerala High Court also asked the trial court to proceed with the trial without any delay. The offences, in this case, include murder, conspiracy, and abduction.
WHAT DOES THE LAW SAY?
This is no specific substantive law in India or any other country that declares cannibalism to be a punishable offence. In most of the cases, the accused (or cannibals) are charged with culpable homicide. Apart from that, to consume human flesh, one has to obtain it either through assaulting the victim or stealing a corpse. In case of an assault, the charges of hurt or grievous hurt would apply. In the case of stealing a corpse from a burial ground, the charges of trespassing along with the charges of outraging religious feelings of any class would apply.[6]
One of the landmark cases in common law also included the act of cannibalism. In Regina v Dudley and Stephens[7], shipwrecked sailors killed a boy travelling along with them for food, and everyone fed upon the body. It was found that if sailors had not killed the boy they would not have survived and hence they took the defence of necessity. The court held that deliberate killing of a person however great the temptation might be cannot be justified by necessity and they were held guilty of murder.
CONCLUSION AND ANALYSIS
In the modern day and age, cannibalism can be considered one of the atrocious crimes committed against humans. It has a disastrous effect on the society and makes us contemplate the world we are living in. However, it is still yet to be legally recognised and made a completely punishable offence. The legal systems across the world must adopt a law that deters individuals from even thinking of committing such a heinous act. There must be a harsher punishment for the same. The dignity of the victims must be upheld.
Author(s) Name: Gayathri Sai Pisupati (Osmania University , Hyderabad)
Reference(s):
[1] Roger W Byard, ‘Cannibalism – overview and medicolegal issues’(PubMed Central, 14 April 2023) <https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10328901/#Sec1title> accessed 26 May 2024
[2] Jeffrey M. Jentzen, ‘Micro Disasters: The Case of Serial Killer Jeffrey Dahmer’ (PubMed Central , 01 September 2017) < https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6474573/> accessed 26 May 2024
[3] John Phllip Jenkins, ‘Jeffery Dahmer’ (Britannica, May 17 2024) <https://www.britannica.com/biography/Jeffrey-Dahmer> accessed 26 May 2024
[4] Poulomi Ghosh, ‘Kerala black magic, cannibalism: Who are the Kerala couple and self-proclaimed ‘sorcerer’?’ (Hindustan Times, 13 October 2022) <https://www.hindustantimes.com/india-news/kerala-black-magic-cannibalism-who-are-the-kerala-couple-and-self-proclaimed-sorcerer-101665624300525.html#google_vignette> accessed 26 May 2024
[5] Ramesh Babu, ‘Brutality, cannibalism in ‘black magic’ horror in Kerala’ (Hindustan Times, 13 October 2022) <https://www.hindustantimes.com/india-news/brutality-cannibalismin-black-magic-horror-101665598876872.html> accessed 26 May 2024
[6] Kakoli Nath, ‘Cannibalism in India: The Kerala Human Sacrifice case’ (Finology Blog, 13 October 2022) <https://blog.finology.in/Legal-news/kerala-human-sacrifice-case> accessed 26 May 2024
[7] Regina v Dudley and Stephens [1884] 14 QBD 273, DC
