The Kerala High Court has ruled that the mortal remains of a mother, which had been handed over to the Government Medical College, cannot be returned merely at the request of some of her children, as such a request cannot override the deceased's explicit intention to donate her body for educational purposes.
Court's Observation
A bench of Justice Bechu Kurian Thomas made the observation while dismissing a petition filed by three children of a deceased woman, a native of Ernakulam, seeking the return of their mother's body from the Government Medical College, Kalamassery. The deceased had seven children and passed away on February 23.
Petitioners' Allegations
The petitioners alleged that the other legal heirs, including their siblings, had handed over their mother's body to the Government Medical College without obtaining their consent. They further stated that, despite submitting a complaint to the state police chief seeking the release of their mother's body, no action had been taken. The petitioners also claimed that they wished to conduct their mother's last rites in accordance with their religious beliefs.
Siblings' Response
Contrary to the petitioners' submissions, the other siblings contended that their mother had already executed a consent deed on stamp paper in favour of the principal of the college, agreeing to donate her body after death for anatomical examination and dissection. They further averred that the Medical College Hospital, Kalamassery, had accepted the body on the basis of the consent letter and that the petitioners' attempt was intended only to harass them and to disrespect the departed soul.
Court's Findings
Upon perusing the consent deed, the High Court observed that no document had been produced indicating any withdrawal of the said consent. It also referred to the provisions of the Kerala Anatomy Act, 1957, which state that when a person has expressed a desire that their body be used for anatomical examination, the body may be handed over to the authority in charge of the medical institution. Further, the court found no reason to doubt the credibility of the deceased mother's expressed wish in the present case. Accordingly, the High Court dismissed the petition.
Implications
This judgment reinforces the legal sanctity of body donation for medical education and research. It highlights that the explicit consent of a donor, given voluntarily, cannot be overridden by the objections of some family members, even if they have religious or personal reasons. The decision upholds the principles of the Kerala Anatomy Act, which prioritizes the donor's wishes and facilitates the use of bodies for anatomical examination and dissection to advance medical science.
