Wish to donate body for science or family's demand for burial? Kerala HC answers which right prevails

The Kerala High Court recently held that a person's wish to to donate their body for anatomical studies cannot be overridden by demands made by family members who seek its burial according with religious customs [Greeny Tomy & ors v State of Kerala & ors]..A Division Bench of Justice AK Jayasankaran Nambiar and Justice Preeta AK made the observation in a case concerning a Christian woman whose body was donated to a government medical college.Three of her children alleged that the body was donated without their knowledge or consent. They moved the Court seeking custody of the body so that it may be buried in accordance with Christian religious rites. The Court, however, refused to interfere after noting that the deceased woman had consented to donating her body to the medical college. The Court explained that a person's autonomy over their own body does not completely end with death. If a person has clearly expressed a wish during their lifetime regarding what should happen to their body after death, the law respects and protects that choice, it held. "The right of a living person to decide on the fate of her body remains a part of her posthumous bodily integrity. Though commonly human beings desire a decent burial, it is also not uncommon that human beings choose to render their body for anatomical studies as part of their commitment to the society. That the law strives to honour the wishes of the deceased and to protect her interests is exemplified through the unconditional recognition of ‘will’ in law," the Court said..Right of a person to decide on the fate of her body remains a part of her posthumous bodily integrity. The law strives to honour the wishes of the deceasedKerala High Court.The case arose due to a dispute among the children of one Mary who died on 23 February, 2026.Three of her children (appellants) alleged that their siblings and brother-in-law had taken custody of their mother's body without informing them and donated it to a medical college for educational purposes. The appellants opposed the donation, arguing that as Mary’s legal heirs, they were entitled to conduct her funeral and burial in accordance with their religious beliefs.However, the children who donated the body maintained that Mary had clearly expressed her wish to donate her body after her death. She also executed a consent letter under Section 4A of the Kerala Anatomy Act, 1957, expressing her desire to donate her body for anatomical studies.They stated that the body was handed over to the medical college solely to honour her wishes.A single judge Bench earlier refused to interfere with the body’s donation, prompting those who opposed it to filed an appeal before the Division Bench. The Division Bench on May 21 upheld the Single-Judge’s decision. It observed that the deceased woman's right to decide what should happen to her body after death must be upheld. The law has consistently protected the wishes of individuals even after their death, as reflected in the Transplantation of Human Organs Act, 1994, and the Kerala Anatomy Act, the Court pointed out. It proceeded to dismiss the appeal opposing the body’s donation. .Advocates Haroon Ashraf, KT Saju, Mohammad Ishaaq and Amjath TH appeared for the appellants.Senior government pleader B Unnikrishna Kaimal appeared for the State..[Read Judgment]