ORDER :

N. Kirubakaran, J.

1. This Public Interest Litigation has been filed by a practising Advocate before this Court seeking issue of directions with regard to conducting of autopsies.

2. The petitioner states that there is a huge shortfall of qualified Forensic Medical Experts. They are available only in Medical Colleges and not available in any of the Government Hospitals resulting in conducting of post-mortems without following the procedure as contemplated in Tamil Nadu Medical Code. The Medical College Hospitals are coming under the purview of Director of Medical Education and other Government Hospitals are coming under the Director of Medical Services. According to the petitioner, about a lakh of postmortems are being done every year in the Government Hospitals. Due to shortfall of qualified staff, various shortfalls/lacunas are found in the procedure followed in conducting post-mortems. There is no transparency apart from lack of infrastructure for performing post-mortems. Dissection kits are not used for conducting autopsies and according to the petitioner, hammer and other tools are used.

3. The petitioner contends that as per Article 621 of Tamil Nadu Medical Code, post-mortem report has to be forwarded on the same day to the Magistrate concerned and the Article is followed in breach on several occasions. Since Article 621 is not followed, innocent persons are affected.

4. One of the main contentions of the petitioner is that Medical Officers simply sign the post-mortem reports without even coming near the autopsy table. They usually sign in pre-drafted certificates on the same day, once in a week or on Monday. Usually, they cut and paste the post-mortem certificates without any changes, except name, age and Police Station, stating the same heart rate, volume of fluid in stomach and identically, the same identification marks. In none of the post-mortem certificates, time of completion of postmortem is indicated. All the post-mortem certificates do not mention about the manner of death, which must be stated. Even the format prescribed by the NHRC is not being followed by Directorate of Medical Services or Directorate of Medical Education. Out of 115 registers and documents to be maintained by Medical Colleges relating to post-mortem, only six or seven registers are being used. Contrary to the Rules, Lab Technicians from DME are used and they are not trained in Forensic Science. As per Rules, Lab Technicians must come from Forensic Science Department (Home).

5. The petitioner submits that a Scientific officer has a key role to perform during autopsies. A Scientific Officer has to assist the Medical Officer during all medico-legal autopsies, medico-legal bone cases, and age estimation by X-rays. He has to find out the manner of death and assist the Medical Officer apart from acting as Liaison Officer to Police and public on official matters. Though there are about 30 Medical Colleges in Tamil Nadu, there are only three Scientific Officers working in Chengleput, Stanley Hospital, Chennai and Madurai. Without Scientific Officers, post-mortems are carried out by Attendants/Sweepers/Scavengers, who have no knowledge or education about autopsies. In most of the cases, Medical Officers are not indicating the manner of death in their respective post-mortem certificates. Being Graduates of Criminology/Forensic Science, Scientific Officers are well aware about the scene of occurrence and the manner of death. However, Scientific Officers are deliberately omitted by the Forensic Science Officers during post-mortems.

6. This Court, in Crl. O.P. No. 12582 of 2007, by order dated 16.02.2008, gave a number of directions in order to provide necessary and basic things in Forensic Department in order to sustain Criminal Justice Delivery System. However, the said directions have not been implemented till date. The Honourable Supreme Court