INTRODUCTION
Cannibalism is a term that refers to the act of the consumption of human flesh or organs, either partially or entirely. The term is derived from a Spanish word, Caníbales, a West Indies tribe well known for the practice of cannibalism. It is a complex and multifaceted phenomenon which involves the death of a human irrespective of the cause of the death and later consuming the flesh of the dead being. It may even involve a homicide and if the killing is intentional, it amounts to murder. In 2017, a man from Kolhapur, Maharashtra murdered his mother and ate her body parts later. The Bombay High Court while giving the judgement, classified the case as ‘rarest of rare’ and punished the offender with death penalty as the incident not only amounts to murder but also cannibalism. The court also addressed the act as barbaric.
TYPES
Cannibalism can be classified into various types. Some of the types are discussed as follows:
Cultural and Ritualistic Cannibalism
Based on the consumption of human flesh in accordance with the cultural practices, following are the types :
Endocannibalism: Consuming flesh within one’s own cultural or social group.
Exocannibalism: Consuming flesh from outside one’s cultural or social group.
Survival and Necessity Cannibalism
This type of cannibalism happens when the person, in order to survive hunger, has no other option but to consume the human flesh. Here, the cause of consumption is primarily for self-preservation.
Survival cannibalism: Eating human flesh to survive extreme situations (e.g., shipwrecks, plane crashes).
Starvation cannibalism: Consuming human flesh due to extreme hunger.
Pathological and Criminal Cannibalism
This type relates to the psychotic reasons for consuming human organs.
Psychopathic cannibalism: Eating human flesh due to mental health disorders (e.g., psychosis, schizophrenia).
Serial killer cannibalism: Consuming human flesh as part of serial killings.
Necrophagic cannibalism: Eating human flesh from corpses.
Other Forms of Cannibalism
Some other forms of cannibalism include:
Auto cannibalism: Consuming one’s own body parts (e.g., fingernails, skin).
Placental cannibalism: Consuming the placenta after childbirth.
Gustatory cannibalism: The consumption of human flesh for culinary or gastronomic purposes.
Epicurean cannibalism: The philosophical and hypothetical concept of consuming human flesh as a means to challenge traditional moral and cultural norms.
Innocent cannibalism: Cannibalism that occurs unintentionally, unknowingly, or without malicious intent.
Homicidal cannibalism: Killing a human being for the consumption of his flesh.
HISTORICAL CONTEXT
Cannibalism has been practiced throughout human history, across various cultures and continents. While there is evidence of cannibalism in many parts of the world, it is difficult to find definitive proof that it was a widespread cultural practice. Lascaux and Chauvet caves depict cannibalism in their paintings. Early humans ate human flesh for survival. Aztecs Civilization and Inca Empire practiced human sacrifice and cannibalism for religious purposes. Cannibalism was practiced during the times of famine or war in Ancient Greece, Rome and China. During 16th century, witches were often charged with cannibalism in Europe. Some Dayak groups in Borneo practiced cannibalism after war campaigns, and at an annual festival called Makantaun. Thus, as per historical evidence and legends, cannibalism was practiced for survival, ritual or cultural practice and human sacrifice for power. There is almost no reference of psychological reasons for cannibalism.
MODERN CONTEXT– What does the law say?
Cases of cannibalism are still reported globally in African and Asian zones. However, it is rare and happens in extreme circumstances:
- Survival: In isolated environments, cannibalism can occur when there is an extreme need for food, which happens during the times of famines or droughts. For example, after the crash of Uruguayan Air Force flight 571 in the Andes in 1972, passengers resorted to cannibalism to survive.
- Mental illness: Cannibalism can be a symptom of a mental disorder or psychopathology. Addressing psychological factors contributing to cannibalism has gained importance in modern times.
- Cultural practices: Cannibalism has been practiced in many cultures for different reasons, including as a sign of respect or as part of a funeral rite. For example, the Fore of Papua New Guinea ate the bodies of their deceased as a sign of respect, and the Wari of the Brazilian Amazon included cannibalism in their funeral rites until the 1960s.
The legal perspectives of cannibalism in modern context are discussed as follows:
Indian Law
There is no explicit law in India which prohibits cannibalism. However, it can be linked with other existing central and state laws. The first provision is in the supreme law, that is the Constitution. Article 21 provides for protection of the life of persons. If cannibalism involves the killing someone, then the person can be charged with the offence of culpable homicide or murder under sections 103 and 105 of Bhartiya Nyaya Sanhita [BNS] (earlier sections 302 and 304 of IPC). Further, if the cannibal causes hurt or grievous hurt to the person while obtaining their flesh for consumption, then he can be booked under sections 114 and 116 of BNS (earlier sections 319 and 320 of IPC). Thus, it can be said that central laws do not explicitly prohibit cannibalism, but various other laws can be applied to prosecute cannibalism related offences. More examples of such legislations include the transplantation of Human Organs and Tissues Act,1994; The Anatomy Act,1955; other provisions of BNS etc.
Some Indian states have taken steps to address cannibalism. For example, Maharashtra passed the Maharashtra Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil, and Aghori Practices and Black Magic Act in 2013, while Karnataka enacted the Karnataka Prevention and Elimination of Inhumane Evil Practices and Black Magic Act in 2017. Although the laws do not directly prohibit cannibalism, it bans superstitious practices which may be done by a cannibal in name of culture or ritual.
Laws of other countries on cannibalism
Idaho is the only US state that has a law against cannibalism. However, other US states and several other different countries have laws that make it illegal to obtain or consume human remains in other ways. For example, killing a human being for consumption of his flesh, amounts to murder. Idaho law defines cannibalism as intentionally consuming human flesh or blood, and the penalty is up to 14 years in prison. However, if the act was committed in extreme life-threatening conditions and was the only apparent way to survive, then it can be used as a defense.
In February 2024, Idaho Representative Scott introduced a bill to broaden the definition of cannibalism to include people who intentionally provide human flesh or blood to another person for consumption.
International law
Cannibalism is not explicitly prohibited in international treaties or customary law, but it can be considered an international crime under certain circumstances. Cannibalism is not a separate war crime in international criminal law or international humanitarian law. Cannibalism is not recognized as a war crime by the International Criminal Court (ICC) or the International Criminal Tribunal for Rwanda (ICTR). This may be due to the transcultural nature of international criminal law, or because of evidentiary or procedural challenges.
UNDERSTANDING CANNIBALISM WITH LANDMARK CASES
Following are some of the cases :
- Queen v. Dudley and Stephens
The famous lifeboat case in which two crew members were accused of murdering the other member and then consuming his flesh. The third member didn’t join the accused in the murder but joined them in consuming the flesh. The third accused was not punished. However, the first two were punished as the court held that killing a person for one’s own survival is not justifies. Self-preservation does not justify the killing.
- Nithari Case
A serial murder case that targeted children and women. Investigation revealed evidence of cooking and consumption of human flesh. One of the accused Koli’s background revealed a history of mental health issues. He believed human flesh had healing properties. Post-mortem of deceased indicated removal of internal organs which were sold illegally.
- Bhagat Ram Case (1953)
Bhagat Ram was convicted of murdering his wife’s lover and eating parts of his body. This case is significant as it established that cannibalism is an aggravating circumstance in murder cases in India.
ETHICAL CONSIDERATIONS
Cannibalism involves complex moral, cultural and philosophical debates.
- Human dignity and respect: Consuming human flesh violates the inherent dignity and worth of human life.
- Moral repugnance: Cannibalism evokes strong emotions of disgust and horror.
- Violation of human rights: Cannibalism infringes upon the right to life, bodily autonomy, and dignity.
- Risk of harm: Cannibalism can transmit diseases and pose health risks.
CONCLUSION
Cannibalism raises fundamental questions about human dignity, morality, and the value of life. As we grapple with these issues, we are reminded of the importance of empathy, compassion, and respect for human life. Cannibalism challenges our understanding of human relationships, forcing us to confront the darker aspects of human behavior. Cannibalism, a taboo and complex phenomenon, continues to fascinate and horrify humans. Through exploring its historical, cultural, and psychological contexts, we gain a deeper understanding of human nature’s complexities.
