MM Lawrence, a veteran leader, passed away on September 21, 2024, at the age of 95. Two days after his demise, his daughter Asha Lawrence approached the Kerala High Court, seeking to prevent the handover of her father’s body to a medical college hospital.
NEW DELHI: The Supreme Court on Wednesday, January 15, dismissed a petition that challenged the decision to donate the mortal remains of MM Lawrence, a senior leader of the Communist Party of India (Marxist) in Kerala and a former Lok Sabha MP, to a medical hospital for research purposes.
A bench consisting of Justice Hrishikesh Roy and Justice SVN Bhatti rejected the Special Leave Petition filed by Asha Lawrence, daughter of MM Lawrence, against the Kerala High Court’s approval of the decision by her siblings to donate the body.
MM Lawrence, a veteran leader, passed away on September 21, 2024, at the age of 95. Two days after his demise, his daughter Asha Lawrence approached the Kerala High Court, seeking to prevent the handover of her father’s body to a medical college hospital.
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She argued that her father should be buried following Christian rituals. However, the Single Bench of the High Court, on the same day, directed the Principal of the Medical College to hear the objections raised by Asha Lawrence before deciding on whether to accept the body.
The High Court found that Asha Lawrence had not claimed that her father had ever expressed a desire to be buried as per Christian customs. Instead, her argument relied on an inference drawn from his general religious practices.
The court noted, “Her claim that the body of the father should be cremated in accordance with the religious tenets is only on the basis of an inference she attempts to draw from the fact that her father had followed certain religious practices.”
The court also referred to the final words of English poet William Ernest Henley’s poem “Invictus”: “I am the captain of my soul, I am the master of my fate,” and remarked that “even after death, other people may still have a say in one’s destiny.”
A committee formed by the Medical College Principal heard the case, including the objections of Asha Lawrence and her siblings. After deliberation, the committee decided to accept the donation of MM Lawrence’s body. Dissatisfied, Asha Lawrence approached the High Court again, arguing that the hearing conducted by the Medical College was not proper.
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However, the High Court dismissed her petition, stating that the deceased had expressed his desire to donate his body for medical studies under Section 4A of the Kerala Anatomy Act, 1957. The court emphasized that there was “not a sufficient reason” to dispute this.
Sajeevan, the son of MM Lawrence, testified that his father had wanted his body to be donated for scientific research. The High Court upheld the medical college’s decision, noting that the donation was in line with the Kerala Anatomy Act and based on “probabilities emerging in the facts and circumstances of the case” which “cannot be termed as improper or perverse.”
The Medical College confirmed that Sajeevan’s affidavit stated the veteran leader had given his consent in March 2024, in the presence of two witnesses, to donate his body for educational purposes. The court found no reason to disbelieve this claim and directed that the body be embalmed and preserved for teaching purposes.
Public protests arose at the Ernakulam town hall on September 23, where the mortal remains of MM Lawrence were kept for the public to pay respects. Asha Lawrence publicly opposed the decision to donate her father’s body to the medical college. Her sister Sujatha also joined her in seeking relief from the court.
The High Court, however, dismissed their pleas on October 23.
Subsequently, Asha Lawrence appealed to a division bench of the High Court. Before delivering its verdict, the bench attempted to mediate between the parties, but the mediation failed. The division bench ultimately dismissed the daughter’s appeal, allowing the donation of MM Lawrence’s body to the Ernakulam Medical College Hospital.
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The court described the case as a “regretful litigation” initiated by the daughter.
The High Court’s decision highlighted that the medical college’s actions followed legal procedures and were based on the veteran leader’s stated wishes.
The court noted that the decision was made “on the basis of probabilities emerging in the facts and circumstances of the case” and could not be considered improper. It upheld the college’s decision to use the mortal remains for educational purposes, ensuring the legacy of MM Lawrence continued to benefit society through scientific advancement.
Case Title : Asha Lawrence and another v State of Kerala | SLP(c) 897/2025
