MHC directs state to respond to PIL on forensic, post-mortem SOP

CHENNAI: Citing a series of “DT Next reports “ on body-swapping, misidentification of the deceased, DNA mismatches, unattended viscera samples and prolonged storage of unclaimed bodies in government mortuaries, Advocate RM Arun Swaminathan has moved the Madras High Court seeking a uniform Standard Operating Procedure (SOP) for post-mortem examinations and forensic medical practices across Tamil Nadu.

The first bench comprising Chief Justice S.A. Dharmadhikari and Justice G. Arul Murugan directed the Health and Family Welfare Secretary, the Director of Medical Education and Research, and the Directorate of Medical and Rural Health Services to file their replies within four weeks.

During the hearing, the Bench orally observed, “This is how genuine PILs should come. Every day we are seeing useless PILs. Most are private interest litigations. This is for a public cause.”

In his petition, the advocate stated that, based on personal research, field enquiries, information from whistle-blowers and several reported incidents, he found serious deficiencies in the State’s medico-legal system. He alleged that wrong bodies had been handed over to families after post-mortem examinations due to misidentification, leading to the cremation or burial of other individuals’ bodies. He further claimed that post-mortem certificates and death records had, in certain cases, been issued for persons who were later found to be alive or whose identities were disproved through DNA and other scientific examinations.

The petitioner also alleged serious lapses in the preservation and timely examination of viscera samples, stating that sealed samples were left unattended and unprocessed in several government hospitals. He further raised concerns over the handling of unidentified and unclaimed bodies in government mortuaries, contending that the absence of a uniform SOP has resulted in recurring lapses in forensic procedures.

Referring to DT Next reports, the petitioner cited incidents in Tiruvallur, Vellore and Tharangambadi, where bodies were allegedly misidentified, swapped or cremated before the actual person was found alive. He also referred to a DNA mismatch case in which a post-mortem certificate issued for a deceased man was later found to relate to an unidentified woman, and a report highlighting the prolonged retention of unclaimed bodies at the Rajiv Gandhi Government General Hospital mortuary. The petition further alleged that post-mortem certificates were, in some cases, withheld citing pending viscera reports.

The petitioner has sought directions to frame a State-wide SOP, prescribe strict timelines for the collection and analysis of forensic samples, ensure mandatory supply of post-mortem certificates to victims’ families, conduct periodic death audit meetings in government hospitals, and make virtual autopsies mandatory in custodial death cases.