KOCHI: Kerala High Court on Monday directed the Principal of the Government Medical College, Kalamassery, to consider the objections raised by Asha Lawrence regarding the handing over of the body of her father, veteran CPM leader M M Lawrence, to the medical college for medical research. While disposing of a petition filed by Asha Lawrence, the court directed to consider the objection raised by the petitioner before taking a decision on the consent alleged to have been given by the deceased and the affidavits given by her siblings on the issue.
The state government informed the court that after taking possession of the body, it would be preserved for some time. The authorised officer will be permitted to take possession of the body, subject to the decision to be taken after considering the petitioner’s objection.
Asha Lawrence pointed out that her siblings, M L Sajeevan and Sujatha Boban, had informed the media of their decision to hand over the body to the medical college. According to Asha, the decision was made unilaterally by her siblings and the Ernakulam district secretary of CPM. The petitioner argued that her father was a politician, but his body cannot be a subject matter of politics.
The court observed that the consent of the deceased need not necessarily be in writing and can even be orally expressed in the presence of two or more persons.
Counsel for Sajeevan and Sujatha Boban informed the court that they filed an affidavit before the authorised officer stating that their father had expressed an unequivocal desire that his body be handed over and used to conduct anatomical examinations. Then the court asked, should not the deceased have expressed his consent in writing? The counsel replied that it was not in writing, but the deceased had made clear his wish to not only his children but many of his colleagues and followers. The counsel added that the petitioner previously filed two cases against her father.
The state attorney pointed out Section 4A of the Kerala Anatomy Act, 1957, which stated that the written consent of the deceased is not mandatory.
In her petition, Asha said that though her father was a member of the CPM, he was not against religion or religious beliefs. Her siblings and the CPM leadership took the decision claiming that the late Lawrence had orally told Sajeevan that his wish was to hand over the body to the medical college. Asha refuted the claim arguing that her father never expressed such a wish, either verbally or in his recently published autobiography. The CPM took this decision to keep the image that their leader was an atheist.
Asha further stated that her father was a member of the parish and had consistently followed Christian rites and rituals throughout his life. He was not opposed to Christian religious faith.
The decision to donate the body was politically motivated, and her siblings were pressured into following it. Moreover, she highlighted that as a daughter, her consent had not been sought, making the decision illegal. Donating the body without burying it in the church would cause her irreparable loss. She also requested police protection for her to bury her father’s body at St Francis Xavier Church, Kathrikadavu, Kaloor, following Christian faith and rituals.
