Published Dec 18, 2024 | 12:35 PM ⚊ Updated Dec 18, 2024 | 12:35 PM
Kerala High Court. (iStock)
The Kerala High Court on Wednesday, 18 December, upheld the decision to transfer the body of CPI(M) leader MM Lawrence to Kalamassery Medical College.
It dismissed an appeal filed by his daughter Asha Lawrence to conduct the final rites according to Christian traditions. The verdict was delivered by a division bench comprising Chief Justice Nitin Jamdar and Justice S Manu.
Lawrence passed away on 21 September and his remains are at the Government Medical College Ernakulam.
This appeal challenged an earlier judgement by a single-judge bench of Justice VG Arun, which had also rejected a petition filed by Asha and her sister Sujatha Boban.
Amid conflicting familial and legal claims, Justice Arun held that the donation of Lawrence’s body for medical research was lawful and in compliance with the Kerala Anatomy Act. Asha had contended that the single-judge bench had misinterpreted provisions of the Kerala Anatomy Act in its ruling.
Despite her arguments, the division bench affirmed the earlier decision, allowing the medical college to retain the body according to the directives under the law. Soon after the death of Lawrence, Asha claimed that his decision to donate was politically influenced and was made by her siblings and the CPI(M).
Asha approached the high court with a petition opposing the donation, arguing that there was no unequivocal consent from Lawrence for donating his body for medical purposes.
On 23 September, the court disposed of her plea and directed the principal of Government Medical College Ernakulam to consider her objections.
An advisory committee formed by the principal reviewed the matter and verified a body donation consent form signed by Lawrence, in line with Section 4(1) (taking possession of dead bodies with the prior consent of the deceased persons) of the Kerala Anatomy Act.
This decision granted legal possession of the body to his son ML Sajeevan, who supported the donation.
Subsequently, Asha filed another petition challenging the principal’s authority to constitute the advisory committee, claiming procedural lapses and violations of natural justice.
She argued that the hearings were conducted unfairly, noting that Sujatha withdrew her consent for the body donation, which was overlooked.
However, on 23 October, Justice Arun dismissed her petition and upheld the donation.
Asha challenged the order before the division bench, contending that the single-judge bench failed to address several key arguments.
Her counsel argued that the consent form relied upon to validate the donation did not meet statutory requirements, and the medical college principal should have returned the body due to the ongoing dispute.
The principal countered that a committee of specialists had considered all objections and determined that the donation was consistent with Lawrence’s wishes, as claimed by some of his children.
The division bench initially tried to resolve the dispute by referring the case to mediation but the parties could not reach an agreement. Later, it examined the appeal on merits and dismissed it.
(Edited by Muhammed Fazil.)
