Deceased’s written consent not mandatory, HC observes

Kochi: The high court has directed the principal of Ernakulam Govt Medical College to decide on the objection filed by Asha Lawrence, daughter of veteran communist leader M M Lawrence, concerning the decision of her siblings to donate their father's body to the medical college.Justice V G Arun issued the directive while disposing of Asha's petition, in which she sought police protection to conduct her father's burial at St Francis Xavier's Church, Kaloor, following Christian rites. Asha filed the petition after her siblings decided to donate Lawrence's body to the medical college during a function scheduled at the Ernakulam Town Hall at 4pm on Monday. In her petition, she mentioned submitting requests to the state police chief, the Kochi city police commissioner, and the medical college principal for intervention.Asha argued that her father had never expressed a desire to donate his body, either verbally or in his recently published autobiography. She further alleged that the decision was influenced by the CPM plan to portray Lawrence as an atheist. Although her father was a party leader, she contended that his body should not be politicized. Despite his affiliation with the Communist Party, Asha maintained that her father was not opposed to religion and had been an active member of St Francis Xavier's Church at Kathrikadavu, Kaloor. His marriage had been solemnized in 1959 at the Jacobite Church in Tripunithura, and his children were baptized and married following Christian rites. In the absence of documented evidence, she asserted that no presumption could be made that Lawrence had consented to donate his body.However, M L Sajeevan and Sujatha Boban, Lawrence's other children, contended that their father had clearly expressed his wish to donate his body to the medical college, not only to them but also to his colleagues and followers. They noted that affidavits had been submitted to the relevant authorities, as required under the Kerala Anatomy Act, to fulfil their father's wishes. The state attorney informed the court that after taking possession of the body, it would be preserved for some time.After considering the submissions, the bench observed that under Section 4A of the Kerala Anatomy Act, the deceased's consent needn't necessarily be in writing and could be orally expressed in the presence of two or more witnesses. The bench directed the medical college principal to consider Asha's objections before making a decision based on the affidavits submitted by the other children. The court also acknowledged the state attorney's submission that the body would be preserved after being taken into custody, allowing time for a decision. Therefore, the authorised officer is permitted to take possession of the body, subject to the resolution of the petitioner's objections.