KOCHI: The Kerala High Court on Tuesday appointed a mediator to resolve the dispute over handing over the mortal remains of the late CPM leader MM Lawrence to the Government Medical College, Kalamassery, for medical research. The body is currently preserved at the medical college while the writ appeals remain pending in court.
"We think that an attempt should be made to resolve the dispute amicably," said the division bench comprising Chief Justice Nitin Jamdar and Justice S Manu.
The court issued the order in response to an appeal filed by Asha Lawrence and Sujatha Boban, daughters of the late CPM leader, challenging the decision to hand over their father’s body to the Medical College.
When the appeals were heard, the bench remarked that 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 Anatomy Act, enacted to facilitate body donations for academic research, does not cover internal family disputes. The court emphasised that the family should either settle the issue amicably or approach a civil court.
"Where is the authority under the Act to decide such disputes?" the court asked.
The government confirmed that no such authority exists under the Act. Despite this, a single judge had directed the principal of the medical college to hear all sides and make a decision, stating that a writ petition under Article 226 was not maintainable in this case.
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.
The daughters 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.
The petitioners further stated that, as per the rules, the request must be made by the deceased himself during his lifetime, and the statement of two persons - his son and daughter - was insufficient.