Kerala High Court Dismisses Daughter's Plea Challenging Donation Of CPI(M) Leader MM Lawrence's Body

A detailed judgment is awaited. 

Asha had approached the High Court challenging the decision of her siblings and the CPI(M) to donate her father's body for education purposes. Subsequently, the High Court directed the Principal to consider her objections.

The Court was considering the scope of Section 4A of the Kerala Anatomy Act, which deals with taking possession of dead bodies with the prior consent of deceased persons.

The daughter argued 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.

Asha also submitted that the hearing conducted by the Principal was vitiated and contrary to the principles of natural justice. It was submitted 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.

Additionally, the daughter submitted that the consent given by her sister was withdrawn and this was not considered by the Principal before making a decision.

On the other hand, the Counsel appearing on behalf of the son argued that the father had expressed his wish to donate the body for medical purposes before two witnesses. It was also argued that the donation of a body or donation of organs for medical purposes must be considered as a generous act of service and has nothing to do with religious beliefs.

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

Case Number: WP(C) 34174/2024

Case Title: Asha Lawrence v State of Kerala & Others

Citation: 2024 LiveLaw (Ker) 664