CHENNAI: "I was blindfolded. My right leg was placed on stones and covered with a wet sack. (A policeman) struck hard on my right leg using an iron rod. I was then shifted to Manamadurai GH. I told the doctor that I fell off the bridge as the police threatened me. As I was blindfolded, I could not identify which policeman assaulted me." This was 26-year-old R Akash Delison's statement to the judicial magistrate, Manamadurai, on March 7, a day before his death.
While it records 28 injuries, the post-mortem report evades the cause of death, Akash's family alleged in their petition to the Madurai bench of the Madras HC and sought directions to ensure that the autopsy is conducted according to previously laid down guidelines (Santosh v District Collector, Madurai in WP (MD) no. 12608 of 2020 dated 02.12.2020) and hand over the post mortem report and video to the family on the same day the autopsy is undertaken.
According to sources, focusing on procedural lapses during autopsies in custodial deaths, the Joint Secretary, Health and Family Welfare department, wrote to the Directorate of Medical Education and Research (DME) on March 20, asking for postmortems to be done as per the NHRC guidelines.
The communication, citing the guidelines, states that "Postmortem examination shall be carried out by a board of at least three doctors, preferably from three different institutions. If from the same institution, they are generally under the obvious pressure of the most senior person on the board. All doctors doing post-mortem must have a Master's degree in forensic medicine and have an experience of five years in the speciality of post-mortem examinations." The joint secretary had sought a compliance report from DME by March 23 (Monday).
"There are also directions from the Madurai Bench of the HC addressing various issues in conducting autopsies, but they are not complied with," said a Forensic Medicine department official.
There is still much that needs to be done. To date, most doctors do not touch the bodies while doing post-mortem and leave it to the mortuary staffRM Arun Swaminathan, advocate
"Even in the 2025 Tirupuvanam Ajith Kumar custodial death case (which is now probed by CBI), the autopsy report evades in describing the manner of death while NHRC guidelines categorically tell about the necessity to give a finding regarding the manner of death," the official added.
Insiders say that there have been instances where not following procedures has severely embarrassed the department, but no action has been taken against the erring doctors.
In a 2021 judgment in an abetment to suicide case, a Sessions Judge at the Mahila court, Chennai, had harsh words for a doctor who gave the final opinion on the post-mortem certificate without seeing the corpse.
"It is highly deplorable and unethical for the Head of the Department of the Government Medical Institution to have issued the final opinion without even examining the body of the deceased. It not only questions the faith and confidence the criminal judicial administrative system imposed on the Forensic Medical Evidence, but also would jeopardise its reliability in the justice delivery system," judge Mohammed Farooq said of a doctor.
The judge termed his act a serious and unpardonable dereliction of duty, and that he made a travesty of the entire medical forensic system. The court recommended disciplinary action against the HoD, but no action was taken against the doctor, sources said.
According to a source, post-mortem doctors strongly believe that neither the health department nor the judicial system would punish them, and they continue with their ways.
Nothing highlights the fiefdom that is the Department of Forensic Medicine more than the case of a doctor who was convicted by a CBI court in Madurai in a financial fraud case. As he serves time in prison, he continues in the department, receiving a monthly salary and has been granted leave of absence.
Last week, advocate Panneerselvam addressed mediapersons at the Chengalpattu Medical College Hospital and alleged that viscera samples of accident victims he is representing were dumped without sending them to lab analysis.
A senior DME official said that they have taken note of media reports about the procedural lapses in the Akash Delison custodial death case and that of the alleged viscera dumping. "We have asked for the Deans of the respective hospitals to conduct an enquiry and submit a report."
Advocate RM Arun Swaminathan, on whose PIL a division bench of Madurai bench issued a charter of directions in 2020 to the Director of Medical Education, told DT Next that the department has since complied with about 50 per cent of the directions, like the adoption of MedLeaPR (Medical Legal Examination and Post Mortem Reports system), installation of CCTVs and provision of videography of post-mortems on demand.
"However, there is still much that needs to be done. To date, most doctors do not touch the bodies while doing post-mortem and leave it to the mortuary staff," the advocate claimed.
Experts say that the Forensic Medicine department is opaque in its functioning, with no accountability. Only a serious intervention from a High Court would likely bring a reform in its functioning.