New Delhi | The Supreme Court on Wednesday dismissed the pleas of the daughters of veteran communist leader M M Lawrence, who sought his mortal remains to be handed over to them instead of a government hospital.
A bench of Justices Hrishikesh Roy and S V N Bhatti refused to interfere with the Kerala High Court's December 18 2024 order.
The high court had dismissed the appeals by Asha Lawrence and Sujatha Boban, both daughters of the late communist veteran leader, against a single judge's decision to hand over the remains to the medical college.
While dismissing the appeals, the bench referred to the final words of English poet William Ernest Henley's short poem "Invictus" as saying, "I am the captain of my soul, I am the master of my fate" and said even after death "other people may still have a say in one's destiny".
The high court said Asha did not claim her father at any time expressed the desire to have his body cremated as per Christian religious customs and practices.
"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," it noted.
The court said it was "not a sufficient reason".
Lawrence's son Sajeevan, who took his care in the final years, said his father wanted his body to be donated to scientific study.
The high court said none of the contentions should be disbelieved.
It upheld the decision of the medical college which formed a committee to verify Sajeevan's claim.
The medical college held the consent to hand over the body was valid and as per the provisions of the Kerala Anatomy Act, 1957, and directed his mortal remains to be accepted and transferred to the anatomy department to be embalmed and preserved till being taken up for teaching purposes.
The high court said the medical college's decision was on the basis of "probabilities emerging in the facts and circumstances of the case" and "cannot be termed as improper or perverse".
Dramatic scenes were witnessed at the Ernakulam town hall on September 23, where the mortal remains of Lawrence were kept for paying respects by the public after Asha protested the decision to hand over his body to the medical college.
She subsequently moved the high court against the decision to donate their father's body to the medical college for educational purposes.
Her sister Sujatha joined her and sought the same relief.
The high court on October 23 dismissed their pleas, prompting them to file an appeal.
The medical college authorities said as per the affidavit filed by Sajeevan, the communist leader gave his consent in March 2024 in front of two witnesses to hand over his remains for educational purposes.
Lawrence died on September 21, 2024, at the age of 95.