Cannibalism: Culture, Crime, or Survival?

When a plane crashed in the Andes in 1972, the survivors had to make an unthinkable choice — eat the bodies of the dead or die themselves. Cannibalism, often viewed as the ultimate taboo, has existed in various forms throughout human history. From ritualistic practices to desperate survival, it has surfaced in unexpected ways.

In extreme situations like natural disasters, famine, or life-threatening circumstances, one must ask — can cannibalism in India ever be justified as a means of survival?

Although considered a heinous crime in most of the world, cannibalism (or anthropophagy) is the act of consuming human flesh. Historically, it has been tied to various cultural traditions. Today, it is widely seen as a violation of human rights and moral codes, provoking global condemnation.

This article explores the legal status of cannibalism in India. It also analyzes the tension between ancient rituals, societal values, and modern law. Examples include the Aghori Sect’s traditions, the Nithari case, and the recent Kerala human sacrifice case.

What is Cannibalism?

Cannibalism — the act of consuming a member of one’s own species — might sound like horror fiction. But in biology, it’s a reality seen across the animal kingdom. In nature, it can be a survival mechanism.

When humans do it, however, it becomes far more complex. The act touches deep psychological, cultural, and ethical nerves. Although rare today, history is full of chilling accounts of cannibalism. Some arose from desperation. Others from ritual. Some, from depravity.

The Many Faces of Human Cannibalism

1. Survival Cannibalism:
   During famines, shipwrecks, or wartime sieges, people have sometimes eaten the dead to survive. These acts weren’t cruel — they were driven by raw human instinct. The Andes plane crash is a powerful example of survival taken to the edge.

2. Ritualistic Cannibalism:
   Practiced in ancient tribal cultures, this form of cannibalism was deeply spiritual. Specific body parts were believed to hold power or divine essence. In these societies, it was reverence — not horror.

3. Endocannibalism:
   In this form, people consumed flesh of their own kin or community members. It was a sacred farewell in many indigenous cultures — a way to honor the dead or absorb their essence.

4. Exocannibalism:
   This involved eating enemies after battle — a brutal act of dominance, vengeance, or humiliation. It symbolized stripping power from the enemy and claiming it for oneself.

5. Pathological Cannibalism:
   When cannibalism results from severe mental disorders or sadistic impulses, it becomes pathological and criminal in nature.

6. Vorarephilia:
   A rare fetish, vorarephilia involves fantasies of consuming or being consumed. It mixes sexuality, death, and fantasy. While often confined to the imagination, some cases cross into real-world crimes — blurring the lines between roleplay and reality.

Legal Status of Cannibalism in India

Cannibalism isn’t directly mentioned as a crime under Indian Law. However, several sections of the Bharatiya Nyaya Sanhita, 2023, can apply in such cases:

1. Section 103 – Murder:
   Killing someone to eat them is murder, punishable by death or life imprisonment, plus a fine.

2. Section 105 – Culpable Homicide (Not Murder):
   If the intent is unclear but death still occurs, it can be considered under this section — carrying up to 10 years in prison.

3. Section 106 – Death by Negligence:
   If someone dies due to recklessness during a cannibalistic act (without intent to kill), this section applies.

4. Section 117 – Grievous Hurt:
   Acts like dismemberment can fall under this clause, with penalties up to 7 years imprisonment.

5. Section 301 – Trespassing on Burial Places:
   Disturbing graves or corpses for cannibalism is punishable with imprisonment up to 1 year, a fine, or both.

FROM NITHARI TO DAHMER: How Cannibalism Is Prosecuted in India and Beyond

Indian Legal Perspective

• The Nithari Killings (2006):
  Surinder Koli was accused of abducting and murdering children, with alleged acts of cannibalism. He was charged with murder (Section 302 of IPC), highlighting the absence of direct laws against cannibalism.

• The Aghori Sect:
  A fringe ascetic group, the Aghoris consume human remains from cremation grounds. Though they don’t murder, their actions raise legal and ethical questions. There is no explicit ban, but public backlash has prompted calls for stricter rules.

• The Kerala Human Sacrifice Case (2022):
  A couple was arrested for ritual killings and alleged cannibalism involving two women. They were charged with murder and conspiracy. The case reignited debates about superstition and ritual cannibalism.

International Legal Perspective

• United States:
  Cannibalism isn’t directly outlawed, but related acts like murder, corpse abuse, and trafficking human remains are. Even consensual cannibalism can result in criminal charges.

  • Jeffrey Dahmer (1991):
    Known as the “Milwaukee Cannibal,” Dahmer murdered 17 victims, engaging in acts of necrophilia and cannibalism. He was convicted under general criminal statutes and sentenced to 16 life terms.

• Germany:

  • Armin Meiwes (2001):
    In a consensual cannibalism case, Meiwes killed and ate a volunteer he met online. Originally convicted of manslaughter, he was later retried and sentenced to life for murder. The case exposed legal gaps in German law.

• England:

  • Regina v. Dudley & Stephens (1884):
    After killing and eating a dying crew member during a shipwreck, two sailors were convicted of murder. The court ruled that necessity was not a defense. This case set a legal precedent globally.

Conclusion

Cannibalism sits at the crossroads of horror, hunger, and humanity. It is a crime too grotesque to ignore, yet too complex to define. India’s silence on it in law speaks volumes.

When ancient rituals, psychological disorders, and crime blur legal lines, loopholes become dangerous.

India must stop treating cannibalism as a legal blind spot. We need not only punishment but precise definitions, preventive laws, and public policy. If we don’t name the unspeakable, we risk letting it slip through the cracks.

Article written by Palak Bansal
BALLB [4th Year], Manipal University Jaipur