CPI(M) Leader MM Lawrence's Body Donation: Kerala High Court Asks Medical College Principal To Consider Daughter's Objection

Justice V G Arun directed the Principal of Government Medical College, Kalamaserry, Ernakulam to consider the objections submitted by the petitioner before taking a decision. 

"In light of the submissions made and not expressing anything on merits, this writ petition is disposed of directing the Principal of Government Medical College, Kalamaserry, Ernakulam to consider objections raised by the petitioner taking a decision on the consent alleged to have been given by the deceased and reported by the respondents. 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 veteran leader passed away on September 21, 2024 at the age of 95. He was the District Secretary of CPI(M) and was jailed during the emergency time. In the year 1980, he became Lok Sabha Member from Idukki district in Kerala, and later served as convener of LDF, member of the CPI(M) Central Committee and State and National secretary of Centre for Indian Trade Unions (CITU).

The petitioner submitted that the decision to hand over her father's body to the medical college hospital was taken without her consent. It was submitted that the decision to hand over the body for study purposes of medical college students without adhering to Christian funeral rites was made to the media unilaterally.

She submitted that her father was baptized and remained as a parish member of the church throughout his life. It was submitted that her parents' marriage was solemnized in the church and that he also baptized all his children in the church.

She submitted that her father followed all Christian rituals and rites in the church and that his funeral must also be conducted in the church. It was submitted that even though her father belonged to the Communist Party, he was not against the Christian rituals and religious beliefs.

“Actually this decision was taken by the CPI(M) to keep the image of the image that their leader M M Lawrence was an atheist and live the life of an atheist which specifically supresses the fact that father of the petitioner was a member of the parish and had done all necessary rituals in his life on various occasions following Christian rites and rituals and also to supress the fact that the father of the petitioner was not averse to Christian religious faith”, stated the plea.

The petitioner has thus submitted complaints to the police and the Principal of the Medical College Hospital to stop handing over the body. It is submitted that her father never expressed such wishes and stated that non-burial of the body as per Christian faith will cause irreparable loss. It was submitted that when there is no documentary evidence, his body cannot be handed over to the Medical College Hospital. It is stated that they have decided to hand over the body at 4 PM today (September 23).

On the other hand, the counsel appearing for the other children of the veteran leader submitted that their father had expressed his wishes to hand over his body to the Medical College Hospital to them and his followers. It was submitted that they filed an affidavit expressing that it was their father's wish to hand over his body. 

The State Attorney referred to Section 4 A (1) of the Kerala Anatomy Act, 1957 which read thus, "[4A. Taking possession of dead bodies with the prior consent of deceased persons.- (1) If any person, either in writing at any time or orally in the presence of two or more persons during his last illness, has expressed an unequivocal request that his body be used for the purpose of conducting anatomical examination and dissection after his death the party lawfully in possession of his body after his death, may, unless, the said party has reason to believe that the request was subsequently withdrawn, report the fact to the authorised officer and permit the said officer to take possession of the body and hand it over to the authority in charge of a teaching medical institution if it is required by that authority."

The court observed that the consent of the deceased was not necessary in writing and such consent can also be orally expressed before two or more persons as per Section 4A (1) of the Act.

The Court said, "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)."

As such, the writ petition was disposed of directing the Principal to consider the objections of the petitioner before taking a decision. 

The plea has been moved by Advocates Krishna Raj, R Pratheesh (Aranmula), E S Soni, Sreeraja V, Laxmi Priyaa N P

Case Number: WP(C) 33350/2024

Case Title: Asha Lawrence v State of Kerala & Others