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2024 Supreme(Ker) 1357

Asha Lawrence – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R.Krishna Raj, R.Pratheesh (Aranmula), E.S.Soni, Sreeraja V. & Laxmi Priyaa N.P.
For the Respondent:V.V.Sidharthan (Sr. Advocate); D.G.Vipin, Benzir P. M., Akhila Shukkoor Veliyaveettil, Daniel A.J., Manisha V.V, Anna Rose Nambadan & N.Manoj Kumar (State Attorney)

JUDGMENT :

While death draws the curtain on the drama of life, it sometimes unfolds another drama among the living. This writ petition portrays a fight among the children of the deceased as to how the body is to be dealt with. The essential facts are as under:-

M.M.Lawrence, a respected communist leader, breathed his last on 21.09.2024. According to his son, the 5th respondent herein, his father wanted the body to be donated for anatomical purposes. This desire, expressed by the deceased, was reported to the authorised officer under the Kerala Anatomy Act, 1957 (hereinafter referred to as 'the Act' for short) by respondents 5 and 6, the 6th respondent being one among the two daughters of the deceased. Thereupon, arrangements were made to take the body to the Government Medical College. At that point of time, the other daughter, the petitioner herein, objected. According to the petitioner, even though her father was a Communist, he was not averse to Christianity, the religion to which he was born. He continued to be a member of the St.Francis Xaviers Church, Kathrikadavu, of which the 7th respondent is the Vicar and all functions in the family, be it baptism, marriage or burial, was c

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