Install Biometric Systems in Mortuaries To Ensure Presence Of Forensic Experts During Postmortems: Bombay HC To Maharashtra Govt [Read Order]

The Bombay High Court recently directed the Maharashtra Government to install biometric systems in mortuaries to ensure those post-mortem examinations are conducted only by qualified forensic experts.

A bench comprising of Chief Justice Nandrajog and Justice Jamdar was hearing a Public Interest Litigation filed by a practicing Advocate of Bombay High Court Adil Khatri, praying for a mandamus to ensure presence of such expert during post-mortem of dead bodies. The PIL filed on the basis of newspaper reports and visits to mortuaries, also prayed for the presence of female staff while undertaking a post-mortem of a deceased female.

The petitioner stated that post-mortem of dead bodies are virtually conducted by Class IV Safai Karmachari while the Doctors merely affix their signatures on the post-mortem.

The Bench refrained from issuing any directives with regards to the prayer regarding presence of female staff, citing insufficient staffing pattern and non-availability of staff for such non-issuance.

However, with regards to the presence of forensic experts during post mortem, the Court observed that sweepers and cleaners can only provide ancillary service since the post-mortem must be conducted by qualified forensic experts. Emphasizing the necessity of introducing a system to assure the presence of such experts and prevent any delegation, the Court observed that a Biometric system is an effective way of monitoring attendance:

"The learned Government Pleader informs that most of the Mortuaries maintain a physical register. We are of the opinion that way to monitor the attendance effectively is by the use of a biometric system"

Observing further that biometric systems are utilized to mark attendance in several government establishments, it held that steps must be taken to ensure the installation of such systems in mortuaries within the State of Maharashtra. A mandamus to that effect was issued by the Court to all the heads of mortuaries towards installation of such equipment within two weeks of the order.

Advocate Shehzad Naqvi appeared for the petitioner.  

Click here to download the order