Kerala HC Reserves Verdict In Appeal Against Donation Of CPI(M) Veteran MM Lawrence's Body To Medical College, Order Likely Next Week

The veteran leader had passed away on September 21 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).

Soon after the death of Lawrence on September 21, Asha Lawrence approached the Kerala High Court to prevent handing over her father's body to Medical College by her siblings and CPI(M). She argued that her father never expressed any interest to donate his body to the medical college. She urged that the body ought to be buried according to the Christian rites; after the single judge dismissed her plea she moved the division bench in appeal.

The Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu proceeded to hear the matter in detail as the parties could not come to a settlement in mediation. The Counsel on behalf of Asha Lawrence argued that as per Section 4A of the Kerala High Court mentions that any request to donation for the body should be unequivocal. He argued that since there is a dispute on whether the deceased has made such a request, the request cannot be held to be unequivocal. He argued that the Principal of the Medical College should have returned the body as soon as he realized the request is not 'unequivocal'.

Asha Lawrence also argued that as per Section 4A of the Act, the request for donation of the body should have been made before the authority in front of 2 witnesses. He argued that the Single Judge had incorrectly found that request made before 2 witness is sufficient as per the provision.

The Principal of Ernakulam Medical College submitted that they decided on the dispute as per the direction of Single High Court. The Single Judge had directed the Principal to 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. He submitted that a committee of 7 specialist doctors were constituted to hear the arguments of all the parties concerned and the decision was taken to accept the body of Lawrence.

His other children had however stated that it was their father's wish to donate his body to medical college. His son had stated that his father had expressed this wish in front of two witnesses. However, since the dispute another daughter of Lawrence, Sujatha Boban withdrew her consent for donating the body and said she now prefers a religious burial.

Case Title: Asha Lawrence v State of Kerala and Others

Case No: WA 1857/ 2024