KOCHI: The Kerala High Court on Wednesday upheld the decision to hand over the mortal remains of veteran CPM leader M M Lawrence to Government Medical College, Kalamassery, for medical research.
Justice V G Arun passed the order while dismissing a petition filed by Asha Lawrence, daughter of the deceased, challenging the decision of the advisory committee set up at the Government Medical College, Ernakulam, to accept the mortal remains of her father. The judgment is not yet released from the court.
The petitioner alleged that the committee’s decision was biased. No proper hearing was conducted. She and her brother were heard separately on the issue. Despite repeated requests, the principal refused to hold a comprehensive hearing involving all persons. Her sister Sujatha Boban had withdrawn her consent for handing over the body for medical research. She added that she wished to bury her father in accordance with Christian religious rites.
Sujatha Boban submitted that her consent was obtained when she was under extreme mental distress over the death of her father. It was not given on her volition. The hearing conducted by the principal was farcical.
The order of the advisory committee stated that the consent for body donation given by the deceased to M L Sajeevan, son of the deceased, bears two credible witnesses and was valid as per Section 4 (1) of the Kerala Anatomy Act. The committee noted that legal possession of Lawrence’s body was with M L Sajeevan and Asha Lawrence did not dispute the fact either.
All through his recent illness in the last three to four years, Lawrence was with Sajeevan, whereas his daughters Asha and Sujatha were not actively involved in the day-to-day nursing care of Lawrence. Both Asha and Sujatha were non-resident Keralites and were never actively involved in his care, stated the committee’s order.
Though Lawerence’s daughter Sujatha signed the affidavit giving consent, she submitted before the committee that her father preferred a religious burial owing to the discord that has broken out in the family. But she had given nothing in writing before the committee, stated the committee’s order.