Role of Faculty of Forensic Medicine and Need for Uniform Proforma for PM Examination: A Case Report
Author: Prof. (Dr.) Mukesh Yadav, B.Sc., MBBS, MD, MBA (HCA), LL.B., PGDHOQM
Abstract
In a Public Interest Litigation came before the Supreme Court of India on the issue of manner in which Post Mortem examinations are conducted in Delhi and that the post mortem examinations are conducted by Junior Medical Assistants or graduates without experience. Division Bench of Hon’ble Supreme Court emphasized that need for uniform protocol and postmortem examination throughout India.
Key Words: Post Mortem Examination Report, Cause of Death, Protocol for PM Examination, Uniform Proforma
Background of the Case:
This is a Public Interest Litigation complaining about the manner in which Post Mortem examinations are conducted in Delhi. One of the grievances raised by the counsel for the petitioner is that the post mortem examinations are conducted by Junior Medical Assistants or graduates without experience. [Para 1]
Observations of the Supreme Court of India:
It is desirable that post mortem examinations should be conducted by the Medical Officers attached to the Department of Forensic Sciences in the All India Institute of Medical Sciences, New Delhi, or persons holding equivalent positions in respect of conducting post mortem within local limits of Delhi.
This would be in consonance with the notification of the Government of India dated 16.5.1969. This procedure should be followed wherever possible. It is also indicated in the communication dated 6.1.1988 by the Principal of Lady Harding Medical College & Smt. Sucheta Kripalani Hospital, New Delhi that resident doctor alongwith Senior Member of the rank of Professor/Associate Professor or Assistant Professor working in the Department of Forensic Science and having requisite qualification, should conduct the Post-Mortem examinations.
This should be done. If more than one person conduct the Post-Mortem examinations, it is desirable that all such persons should sign the Post-Mortem report. The Medical Officer should always sign the Post-Mortem reports. [Para 2]
Issue of PM of Dead bodies from other States:
Dead bodies from other States should not be brought to Delhi for Post-Mortem examinations, except in accordance with or pursuant to the orders either of the Sub-Divisional Magistrate or Magistrate or in accordance with law. [Para 3]
Need for Uniform Proforma:
There must be uniform pattern of proforma of results of the Post-Mortem examinations and the respondents should approach All India Medical Council to prepare a proforma for Post-Mortem examination, which can be applicable in all these cases and that the proforma followed by the All India Institute of Medical Sciences may be taken into consideration to be made the proforma. The Delhi Administration should also take steps in the aforesaid matter. [Para 4]
Summary and Conclusions:
With these observations the writ petition is disposed of. In this writ petition there are certain other grievances of non-compliance in certain specific cases of not following the directions of the High Court and other courts in connection with C.B.I. enquiry report or investigation. In such specific cases, if the petitioner has any grievances, the petitioner will have right to seek remedy in the appropriate courts, in accordance with law. [Para 5] In the light of the aforesaid, the notice for contempt is discharged. [Para 6]
References:
1. S Ranganathan, J., S Mukharji, J. Jagat Singh vs. Delhi Administration and Ors. Date of Judgment: 24 January, 1989. Accessed from:URL: https://indiankanoon.org/doc/1671928/
2. The notification of the Government of India dated 16.5.1969 for Post Mortem Examination
3. The communication dated 6.1.1988 by the Principal of Lady Harding Medical College & Smt. Sucheta Kripalani Hospital, New Delhi