The Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu pronounced the order.

 

The appeal was filed by Asha Lawrence, daughter of M.M. Lawrence, contending that the Single Bench had misinterpreted Section 4A of the Kerala Anatomy Act. She argued that the authorities should not have accepted the body in the presence of a dispute over the donation. Additionally, she asserted that, under the provision, the request for donation should have been made directly to the appropriate authority.

 

Following the death of M.M. Lawrence on September 21, Asha Lawrence moved the Kerala High Court, seeking to stop her siblings and the CPI(M) from handing over her father's body to the Medical College. She contended that her father had never expressed a desire to donate his body and insisted that he be buried in accordance with Christian rites.

 

The Single Judge observed that M.M. Lawrence had expressed his wish to donate his body to the medical college in the presence of two witnesses, thereby meeting the requirements under Section 4A of the Kerala Anatomy Act. The veteran leader passed away at the age of 95. A prominent figure in public life, he served as the District Secretary of the CPI(M) and was imprisoned during the Emergency.

 

In 1980, he was elected as a Lok Sabha member from Idukki district in Kerala. Over the years, he held significant positions, including LDF convener, member of the CPI(M) Central Committee, and State and National Secretary of the Centre for Indian Trade Unions (CITU).

 

Case No: WA 1857/ 2024

Case Title: Asha Lawrence v State of Kerala and Others