RM. ARUN SWAMINATHAN Vs. THE PRINCIPAL SECRETARY TO THE GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT AND ORS.

JUDGEMENT

(1.) This Public Interest Litigation has been filed by a practising Advocate before this Court seeking issue of directions with regard to conducting of autopsies.

(2.) The petitioner states that there is a huge shortfall of qualified Forensic Medical Experts. They are available only in Medical Colleges and not available in any of the Government Hospitals resulting in conducting of post-mortems without following the procedure as contemplated in Tamil Nadu Medical Code. The Medical College Hospitals are coming under the purview of Director of Medical Education and other Government Hospitals are coming under the Director of Medical Services. According to the petitioner, about a lakh of post- mortems are being done every year in the Government Hospitals. Due to shortfall of qualified staff, various shortfalls/lacunas are found in the procedure followed in conducting post-mortems. There is no transparency apart from lack of infrastructure for performing post-mortems. Dissection kits are not used for conducting autopsies and according to the petitioner, hammer and other tools are used.

(3.) The petitioner contends that as per Article 621 of Tamil Nadu Medical Code, post-mortem report has to be forwarded on the same day to the Magistrate concerned and the Article is followed in breach on several occasions. Since Article 621 is not followed, innocent persons are affected.