KOCHI: Expressing concern over the dispute related to the donation of the mortal remains of CPM leader M M Lawrence to the Government Medical College, Kalamassery, the Kerala High Court asked the siblings, who are sparring over the issue, to have some respect for the deceased person.
The court also appointed a Senior Advocate N N Sugunapalan as a mediator to resolve the dispute. The body is preserved in the medical college as the writ appeals are pending in the court.
“We think that an attempt should be made to resolve the dispute amicably,” held a division bench comprising Chief Justice Nitin Jamdar and Justice S Manu.
The court issued the order on appeals filed by Asha Lawrence and Sujatha Boban, daughters of the late CPM leader challenging the decision to hand over the body of their father to the Medical College.
The court directed the petitioners and M L Sajeevan, 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? What kind of issues have you bought before us? These are siblings. At least have some respect for the person who has passed away,” observed the court.
When the appeals came up for hearing, the Bench said that this was an ‘inter se’ family dispute that is not even contemplated to be adjudicated under the Anatomy Act. Such matters should be resolved by the family members themselves, not by authorities under the Act.
The Anatomy Act was enacted to facilitate body donations for academic research and does not address inter se disputes between family members. Therefore, the family should either settle the issue amicably or approach a civil court. Where is the authority under the Act to decide such disputes? asked the court.
The government submitted that no such authority exists under the Act.Despite this, the single judge directed the principal of the medical college to hear all sides and make a decision. A writ petition under Article 226 is not maintainable in this case.