Read Time: 08 minutes

Synopsis

On Monday, the Kerala High Court dismissed a petition filed by Asha Lawrence, daughter of veteran Communist Party of India (M) leader MM Lawrence, opposing the transfer of her father's body to a college. Asha Lawrence asserted that no written consent existed indicating her father's desire for his body to be donated; however, her siblings disagreed.

Justice VG Arun, presiding over the bench, recorded the arguments presented by both sides and allowed the government to decide on the deceased’s last wish after considering Asha Lawrence’s objections.

The petitioner had challenged her father's decision to donate his body to the Government Medical College, Ernakulam, arguing that her consent was neither sought nor considered after her father's death. She requested the court to order that the body be buried following Christian rites.

Asha Lawrence was represented by Advocates R. Krishna Raj, R. Pratheesh, R.S. Soni, Sreeraja V., and Laxmi Priyaa N.P. Advocate R. Krishna Raj contended that, in the absence of documentary proof, and given the fact that the deceased leader was a member of St. Francis Xavier's Church, Ernakulam, it could not be assumed that his wish was to donate his body. He further submitted that Lawrence had already raised objections before the court, which should be considered.

Advocate R. Krishna Raj, submitted before the court that in the absence of any documentary evidence and considering the fact that the deceased leader was a member of the St. Francis Xaviers Church, Ernakulam, it cannot be assumed that his wish was to donate his body. Advocate R. Krishna Raj also stated that Lawrence had already filed objections before the court, which should be taken into account.

Despite Asha Lawrence's claims that her siblings were falsifying her father's last wishes, Senior Advocate V.V. Sidharthan representing the siblings strongly opposed such claims. Senior Advocate Sidharthan claimed that MM Lawrence had expressed a desire to hand over his body to the medical college to both his children and his followers in the party. Asha's siblings had also filed an affidavit before the concerned officer, vouching for this wish of their father.

The counsel additionally pointed out that, as per Section 4A of the Kerala Anatomy Act, written consent of an individual is not required for them to donate their body. Oral consent, expressed in the presence of two witnesses, would suffice.

As per the Act, “It is therefore evident 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. From the submissions made at the Bar, it has come out that respondents 5 and 6 have filed an affidavit stating that their father had expressed an unequivocal desire that his body be handed over and used for the purposes mentioned in Section 4A(1) [of the Kerala Anatomy Act”.

The State, represented by State Attorney N. Manoj Kumar And Special Government Pleader K.R. Ranjith, informed the court during the hearing that the body of the leader would be preserved for some time after they took possessions.

After hearing the arguments of both sides, the court accepted the contentions put forth by Asha's siblings regarding the submission of an affidavit recording their father’s last wish. The court also accepted the respondent counsel’s argument that written consent was not required for donating one’s body.

In view of this, the court disposed of the writ petition, directing the State government to take the petitioner’s objections into account before the authorized officer could take possession of the deceased’s body and make a decision regarding it.

Case Title: Asha Lawrence V/s State of Kerala and Ors. (WP (C) 3350/2024)