Kerala High Court upholds decision to donate body of CPI(M) leader MM Lawrence to medical college

The Kerala High Court today declined to interfere with a decision to donate the body of late CPI(M) leader MM Lawrence to the Ernakulam Government Medical College for medical research and educational purposes [Asha Lawrence v State of Kerala & ors]..Justice VG Arun has dismissed a petition filed by Lawrence's daughter, Asha Lawrence, who had opposed the donation and wished to bury her father in accordance with Christian religious rites. .Today's order was passed on a second round of litigation initiated by Asha Lawrence. She claimed that her siblings and the CPI(M)'s decision to donate MM Lawrence's body was politically driven and maintained that her father should be buried according to Christian traditions.Asha emphasized that although her father was a communist, he also had strong Christian ties. She highlighted that her parents’ marriage was solemnized in a church, and all her siblings, including herself, were baptized and followed Christian rituals for family occasions such as weddings and funerals.Asha had first moved the High Court in the matter shortly after her father's demise on September 21. She contended that her father never explicitly expressed a wish to donate his body for medical purposes.On September 23, the Court disposed of this plea by directing the Principal of the Medical College to assess her objections before making a final decision. Subsequently, the Principal formed an advisory committee to review the matter.The committee relied on a body donation consent form signed by MM Lawrence and witnessed by two individuals to conclude that this consent was valid under Section 4(1) of the Kerala Anatomy Act, granting legal possession of the body to Lawrence’s son, ML Sajeevan, who did not oppose the donation..However, Asha then moved another petition, challenging the authority of the Principal to constitute the advisory committee, claiming that it violated the principles of natural justice. She argued that the hearings conducted by the Principal were unfair as she and her siblings were heard separately. She added that her sister Sujatha had formally withdrawn her consent for the body donation, which was not taken into account. However, this plea has been dismissed today. .Asha Lawrence was represented by advocates Krishna Raj, R Pratheesh, ES Soni, Sreeraja V and Laxmi Priyaa NP.State Attorney N Manojkumar represented the state and it's authorities. Senior Counsel VV Sidharthan, instructed by advocate DG Vipin appeared for ML Sajeevan and advocate PM Benzir represented Sujatha Boban. .[Read Judgement]