In a move aimed at regulating the donation of bodies for medical research and education, the Nagaland State Legislative Assembly passed the Nagaland Anatomy Bill, 2023 in September 2023.
The bill provides for the supply of unclaimed bodies of deceased persons and allows individuals to donate their bodies or any part thereof before death to hospitals and medical institutions. This was enacted to facilitate medical education and research, including anatomical examinations and dissections.
The bill seeks to streamline the process of body donation and ensure that such donations are utilized effectively for advancing medical education and research within the state.
According to the legislation, the State Government is authorized to appoint an Executive Magistrate for designated areas, who will be tasked with carrying out the functions of an Authorized Officer under the Act and its associated rules. Notably, officers appointed under this provision will be deemed public servants, as defined by Section 21 of the Indian Penal Code.
How to handle unclaimed bodies
The bill also introduced measures to regulate the handling of such bodies, ensuring dignified treatment and appropriate disposition. According to the newly proposed legislation if an individual passes away in a hospital or prison, and their body remains unclaimed by any near relatives or personal friends within the specified timeframe, the authorities of the respective institution are mandated to report the matter to the authorized officer promptly.
The authorized officer will then take possession of the unclaimed body and, unless specific conditions apply, hand it over to the relevant authority of a teaching medical institution.
In cases where a person dies in a public place without a permanent place of residence in the area and their body remains unclaimed, the authorized officer is responsible for taking possession of the body. Similar to the aforementioned scenario, the body will be handed over to the relevant authority of a teaching medical institution, if required for anatomical examination and dissection.
When there is any doubt regarding the cause of death or when for any reason the authorized officer considers it expedient to do so, he shall forward the unclaimed body to the Police Officer referred to in Section 174 of the Code of Criminal Procedure, 1898. Where any unclaimed body taken possession of by the authorised officer under this section is not required by the authority in charge of a teaching medical institution for the purpose specified in sub-section (1), it shall be disposed of in such manner as may be prescribed.
Procedures and criteria for donations
Individuals are afforded the opportunity to express their unequivocal desire and intention, in writing and in the presence of two or more witnesses, for their bodies or specific body parts to be donated to approve institutions for medical education or research, including anatomical examination and dissection, posthumously.
The persons lawfully in possession of the deceased’s body after their death may authorize the removal of the body or any part thereof to approved institutions for the specified purposes, unless certain conditions apply. These conditions include the deceased’s explicit objection to such use of their body, or objections raised by any near relative of the deceased.
The legislation stipulates that the removal and use of the whole body or any part thereof, in accordance with the authorization given, shall be lawful and sufficient warrant for such actions, subject to certain provisions outlined in subsequent subsections. Bodies or body parts of deceased persons cannot be removed for donation purposes within 48 hours of the person’s disease. Prior notice must be given to the Executive Magistrate regarding the intended removal of the body. This notice period is set at 24 hours from the time of decease.
A certificate signed by a registered medical practitioner is mandatory before the removal of the body. If a practitioner attended the deceased during their illness, they must provide the certificate detailing the manner and cause of death. If no such practitioner attended the deceased during their illness, another registered medical practitioner must view the body after death and provide the necessary certification. Importantly, the certifying practitioner must not be involved in the handling of the body post-removal for the specified purposes.
Furthermore, in cases where removal is authorized, the certificate must be delivered alongside the body to the authority in charge of the approved institution receiving the body for medical education or research purposes.
The bill also allows Post-mortem examination alongside body donation provisions. If the individual lawfully in possession of the body has grounds to believe that an inquest or post-mortem examination may be necessary under existing laws, the authority for body removal or donation shall not be granted without the consent of the empowered authority responsible for conducting such procedures under the law. The legislation explicitly states that its provisions do not extend to or prohibit any post-mortem examination mandated by existing laws within the state.
Proper disposition of deceased bodies
The bill also stresses on proper disposition of deceased bodies donated for medical education and research purposes. Prior to the removal of any dead body for purposes outlined in the Act, it must be placed in a suitable container, such as a decent coffin or shell, for transportation.
Additionally, the party responsible for the removal must ensure that the body, after being utilized for any of the Act’s purposes, is properly cremated or interred in a manner consistent with the religious beliefs of the deceased individual or in a public cremation or burial ground designated for their religious persuasion.
A certificate confirming the cremation, interment, or burial of the body must be submitted to the Executive Magistrate or designated officer appointed by the State Government within six weeks of the body’s receipt.
In cases where doubt or dispute arises regarding whether an individual is considered a near relative or personal friend of the deceased for the purposes outlined in the Act, the matter shall be referred to the District Magistrate or an authorized Magistrate for resolution. Pending a decision, the body of the deceased shall be preserved to prevent decay according to prescribed procedures.
Any person who disposes of, or assists in the disposal of an unclaimed body, except as provided by the Act, or obstructs authorities from carrying out their duties under the Act, shall be liable to a fine of up to Rs. 10,000 upon conviction.
The State Government is empowered to make rules for the effective implementation of the Act, including matters such as the time frame for claiming bodies, procedures for disposing of unclaimed bodies, and protocols for preserving bodies pending decision by the Magistrate. If any difficulties arise in giving effect to the provisions of this Act, the State Government may, by notification or order, enact provisions deemed necessary or expedient for overcoming such difficulties.
These provisions must not be inconsistent with the Act itself. However, it is important to note that such notifications or orders cannot be issued after a period of three years from the date of commencement of the Act.
Furthermore, any order made by the State Government under this provision must be promptly laid before the State Legislature, ensuring transparency and accountability in the decision-making process.
