The Kerala High Court on Monday disposed of a petition moved by Asha Lawrence, daughter of the late CPI(M) leader MM Lawrence, challenging the decision to donate her father’s body to the Ernakulam Government Medical College [Asha Lawrence v. State of Kerala & Ors.]
Justice VG Arun noted that the Kerala Anatomy Act does not require written consent for body donation and that an oral request, made in the presence of two or more persons, was legally valid.
Since the Asha's siblings filed an affidavit stating that their father had expressed an unequivocal desire that his body be handed over and used by the medical college, the Court said that it cannot order that he be buried as per Christian rites as she prayed for.
However, while disposing of Asha's petition, the Court directed the Principal of the Government Medical College at Kalamassery to assess her objections before making a final decision on handing over the body.
"It is therefore evident that the consent of the deceased need not necessarily be in writing and can even be orally expressed in the presence of two or more persons. From the submissions made at the Bar, it has come out that respondents 5 and 6 have filed an affidavit stating that their father had expressed an unequivocal desire that his body be handed over and used for the purposes mentioned in Section 4A(1) [of the Kerala Anatomy Act]," the Court's judgment stated.
In her petition, Asha submitted that her siblings along with the Communist Party of India (Marxist) (CPI(M)), were falsely claiming that he orally expressed his wish to be donated to a medical hospital.
Asha alleged that these actions were politically motivated to maintain the party’s image of Lawrence as an atheist.
She highlighted the fact that her parents’ marriage was solemnised in a Church and that despite his Communist affiliations, her father was deeply connected to Christian traditions. She also stated that all their children including her were baptised and significant family events like weddings and funerals adhered to Christian rituals.
Asha claimed that after her father's demise, she was neither consulted nor did she gave any consent for her father’s body to be handed over to the medical college.
Therefore, she moved the High Court to prevent the body’s handover to the medical college so that her father can be buried according to Christian rites.
At the hearing today, the State government informed the Court that the body will be preserved for sometime before any decision is made about its handover.
Recording this submission, the Court disposed of Asha's petition with a direction to the authorities concerned to consider her request.
"Taking into account, the submission of the learned State Attorney that, after taking possession of the body, it will be preserved for some time, the authorised officer is permitted to take possession of the body, subject to the decision to be taken after considering the petitioner’s objection", the judgment stated.
Asha was represented by advocates Krishna Raj, R Pratheesh, ES Soni, Sreeraja V and Laxmi Priyaa NP.
[Read Order]