IMPORTANT POINT
Consent for body donation can be validly expressed orally in the presence of witnesses, not necessarily to an authorized officer, as per the Kerala Anatomy Act.

JUDGMENT :

S. MANU, J.

“I am the master of my fate, I am the captain of my soul.”

1. These are the final words of the short poem “Invictus” written by English poet William Ernest Henley. Everyone wants to be the master of their own fate. But even death may not always be the end of things and even after death, other people may still have a say in one's destiny.

2. These appeals, which we consider to be regretful litigation, are r elated to the disagreement among his son and daughters over late Mr. M.M. Lawrence's mortal remains, presently kept at the Medical College Hospital in Kalamassery.

3. Appellant in W.A. No. 1857/2024 is the Petitioner in W.P. (C) No. 27134/2024. Sixth Respondent in the Writ Petition is the Appellant in W.A. No. 1865/2024.

4. In W.P. (C) No. 27134/2024 challenge was against Ext.P6 order issued by the Principal, Government Medical College, Ernakulam assisted by a committee of six other officials. The said order dated 25 September 2024 was issued in compliance with the direction issued by the learned Single Judge of this Court in W.P. (C) No. 33350/2024.

5. The controversy is regarding handing over the dead body of late Mr. M.M. Lawrence to the Government Medical College by the 5th Respondent in W.A. No. 1857/2024 who is the brother of the Appellants. We refer to the parties hereafter according to their rank in W.A. No. 1857/2024. Father of the Appellant and Respondents 5 and 6, Mr. M.M. Lawrence, a well-known political leader, passed away on 21 September 2024. According to the 5th Respondent, Mr. Lawrence wanted to provide his corpse to the Government Medical College after demise. He, therefore, reported the wish of the deceased to the authorised officer under the Kerala Anatomy Act, 1957.

6. Annexure A6 is a document signed by Respondents 5 and 6, submitted to the 4th Respondent on 23 September 2024. They stated in Annexure A6 that they were willing to provide the remains of their father to the Government Medical College.

7. Appellant approached this Court on coming to know that the body will be handed over to the Medical College. In W.P. (C) No. 33350/2024, she contended that Mr. Lawrence was following Christianity though he was a communist. He was not averse to any religious rituals. She pointed out that Mr. Lawrence continued to be a member of St. Franics Xavier's Church, Kathrikadavu. All functions in the family were conducted by Mr. Lawrence in accordance with Christian rituals. Therefore, she contended that the body of her father should be buried only in accordance with religious practices followed by Christians. She disputed and objected to the stance of the 5th Respondent.

8. Respondents 5 and 6 entered appearance in W.P. (C) No. 33350/2024 and contested the case. They asserted that their father had expressed his desire to the 5th respondent and also to his colleagues and friends, to hand over the body to the Medical College. The learned Single Judge examined the contentions and referred to the provisions of the Kerala Anatomy Act, 1957. Provisions of Section 4A were specifically noticed and the writ petition was disposed of by directing the Principal, Government Medical College, Kalamassery to take a decision after considering the objection raised by the Appellant about the consent claimed to have been given by the deceased, as reported by Respondents 5 and 6.

9. The 4th Respondent formed a committee and conducted hearing on 25 September 2024. Belligerent parties appeared before the committee. The 5th Respondent filed Ext.P11 affidavit stating that on various occasions, Mr. Lawrence unequivocally requested the 5th respondent to give his body for medical studies after his demise. He further stated that such requests were made in the presence of four persons mentioned in the affidavit and of many others also. The 5th Respondent added that the request was repeated by the deceased during his last illness. The Appellant also submitted an affidavit. Two witnesses supported the 5th Respondent namely, Mr. Aby Abra