The Kerala High Court on Tuesday appointed a mediator to resolve the dispute over handing over the mortal remains of late CPI(M) leader M M Lawrence at the Government Medical College, Kalamassery, Ernakulam for medical research.
The body is currently preserved at the medical college while the writ appeals remain pending in court
The court issued the order in response to an appeal filed by Asha Lawrence and Sujatha Boban, daughters of the late CPI-M leader, challenging the decision to hand over their father’s body to the Government Medical College, Kalamassery, Ernakulam
During the hearing, the division bench comprising Chief Justice Nitin M Jamdar and Justice S Manu strongly criticized the parties for agitating the issue before the Court instead of trying to settle it amicably within the family. The court observed that the Kerala Anatomy Act does not envisage dispute resolution between family members. It observed that the matter is essentially a civil dispute between family members.
This was an “inter se” family dispute, which is not addressed under the Anatomy Act. “Such matters should be resolved by the family members themselves, not by authorities under the Act,” the court stated.
The court directed the petitioners and ML Sajeevan, the son of the deceased, to “sit together and sort it out. At least make an effort. These are not matters that should be brought before the court. What is this?” the court observed.
“These are matters for the heirs to decide amongst yourselves. What is this? What kind of issues have you brought before us? These are siblings, sort it out between yourselves. These are not matters to be brought before the Court. At the most, we will appoint some senior person as a mediator…At least have some respect for the person who has passed away,” Chief Justice Jamdar orally remarked.
The counsel for Asha Lawrence and Sujatha Boban argued that the decision of the single judge, which relied on the counter affidavit of their brother ML Sajeevan, who claimed the deceased had expressed his request to donate his body during his last illness in the presence of two witnesses, was illegal.
They contended that the CPM district committee in Ernakulam and their brother had no authority to hand over the body to the medical college. They argued that they had the right to bury their father according to Christian rites and rituals at the church where he was a member.
On October 23, a single Judge dismissed the petition filed by Asha Lawrence challenging the decision of the advisory committee set up at the Government Medical College, Ernakulam, to accept the mortal remains of her father.
The single bench of Justice V G Arun declined to interfere with the decision to donate the body of MM Lawrence to the Ernakulam Government Medical College for educational purposes and dismissed the petition filed by Asha Lawrence.
. Asha, in her petition, alleged that the Advisory committee’s decision was biased. No proper hearing was conducted. She and her brother were heard separately on the issue. Despite repeated requests, the principal refused to hold a comprehensive hearing involving all persons. Her sister Sujatha Boban had withdrawn her consent for handing over for a medical search, she submitted.
Soon after the death of Lawerence on September 21, Asha Lawrence approached the Kerala High Court to prevent handing over her father’s body to Medical College by her siblings. The High Court on September 23 disposed of her 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.
Following this, Asha moved another petition , challenging the authority of the Principal to constitute the advisory committee, claiming that it violated the principles of natural justice. Asha, in her petition, said that her father had followed all Christian rituals during his lifetime and his burial must also be as per the Christian rites and rituals. It was stated that there was no unequivocal request made by her father to donate his body for medical purposes.
It was stated that her objections were not considered by the Principal and he illegally constituted a committee to conduct the hearing without obtaining permission from the court. She argued that her sister Sujatha had formally withdrawn her consent for the body donation, which was not taken into account. On October 23, the Single Judge dismissed her petition.
The order of the single bench was based on the statements made by Lawrence to his son ML Sajeev in the presence of two witnesses that the body should be handed over for medical research .Asha has challenged the single bench order before the division bench of the High Court.