Hospitals toss body over autopsy: MSHRC intervenes

The Maharashtra State Human Rights Commission MSHRC has taken suomotu cognizance of middayrsquos story lsquoFriends forced to run around as SoBo hospitals refuse autopsyrsquo dated September 26 and issued summons notice to the Principal Secretary Public Health Director Public Health Services and St Georgersquos Hospital under section 12 of the Protection of Human Rights Act post registering of a complaintmiddayrsquos article had raised concerns about the tossing of bodies for postmortem from one hospital to another with St Georgersquos Hospital and GT Hospital in south Mumbai sending the body of a 22yearold back and forth in the wee hours of September 25Forensic surgeons had warned against such a practice saying it is against the hospital administration manual and circulars issued by a former police surgeon The MSHRC matter is slated for hearing on October 26 wherein Principal Secretary Public Health Director Public Health Services and St Georgersquos hospital may make their written submission on the matterMove welcomedForensic surgeons have welcomed the MSHRC suo motu cognizance in the case ldquoThe provisions laid down in the hospital administration manual are not followed by various medical officers and medical institutes within and outside Mumbai while performing medico legal work which adversely affects the criminal justice process Unfortunately these lacunae impact the medico legal process and thereby give chance to the accused to take advantage of the flaws in the medico legal practice which also leads to a dip in the conviction rate especially in cases which were homicidal or otherwiserdquo said a forensic surgeonlsquoA mere excusersquoDr S M Patil retired police surgeon who was also the medico legal advisor to Maharashtra said ldquoThis is nothing but a mere lsquoexcusersquo for not doing the autopsy We can understand that if a hospital that is declaring a patient brought dead does not have the postmortem facility the body can be referred to the nearest postmortem centre But in this case both the hospitals declaring the patient brought dead St Georges and the referral centre GT hospital are amongst the 10 postmortem centres recognised in Mumbai Each tossing the body to the other is unfortunate Such a practice only causes unwanted harassment to the next of kin who are already in griefrdquoDr Patil further clarified ldquoIn 2008 late Jt CP Admin Hemant Karkare had stated in a police circular internal communication that postmortem can be conducted at any nearest postmortem centre and the police station in whose jurisdiction the postmortem centre falls will complete the medico legal proceeding under a zero register and forward the case to the police station in the locality where the deceased stayed for further investigation Also the police station in the area where the deceased stayed is to be informed and an ADR accidental death case transferred accordinglyrdquoOn his 2019 circular Dr Patil clarified ldquoIt was only for the police in case a body was found in their jurisdiction so that the autopsy could be done immediately and body handed over within short time to the next of kin This was the very intent with which the Coroner system was abolished in July 1999 and postmortem centres started If a private or a superspeciality hospital anywhere in Mumbai declares a patient brought dead in such cases the concerned local police should be aware of the post mortem centre as per jurisdiction where the body can be shifted for autopsy as these private hospitals are not authorised to conduct such medical autopsiesrdquolsquoNeed for change of rulesrsquoDr Rajesh Dere secretary Maharashtra Medicolegal Association said ldquoThere is a need for change of rules regarding jurisdiction and medico legal autopsies in MMR A highlevel committee should be constituted under the state home department which should comprise senior police officers above DCP rank police surgeons representatives from the Medico Legal Association and HODs of forensic medicine and toxicology of governmentcivicrun medical colleges and the director FSL Kalina It can make an SOP wherein standard norms of practice can be put in place to avoid such situations which may also hamper forensic investigation which might be crucial to ascertain the cause and circumstances of deathrdquo