Shameful postmortem process on female dead body; time to form guidelines

Md. Juwel Azad : In criminal jurisprudence, post mortem is very important for finding the reasons of death. This process is almost similar to all countries. But the development has been seen in Pakistan for the female body post mortem’s procedure. Let me clear first what actually done in Bangladesh in Post Mortem on female body. This procedure of Post Mortem is done by the Male doctor and with the help of male member of paramedical staff. This present practice in administration of post mortem is applied in female death bodies too. That practice is to considered serious disrespects to the female dead bodies.

That it is stated that for the post mortem, female dead body is laid on the table in naked conditions where male doctors and male members of medical staffs have tree ingress. So much so that the female are made to break the skulls of the dead bodies with hammers and vaginal swabs are also taken by the male members of the paramedical staff. That is Very shameful process and insulting which not only to the dead body but also in injurious to the feeling of close relatives of the dead body/deceased.

Taking to the consideration in Religions value; human beings are to be considered as the best creation among all creatures by Almighty Allah. This concept is reflected in every cast, belief and religion. One will see in Islamic funerals process one will see the way of the funerals of death body are to be completed: The first step of funeral of dead body is preparation. In the preparation that the deceased’s body is washed (Ghusl) and wrapped in a white Cloth. (Kafan) Here, Same Sex family members usually perform this process. Sometimes the deceased’s spouse is seen sometimes in this preparation of deceased body for funeral. This is done with a very modest way.

In the said process, no male members are allowed in washing wrapping in a white cloth (kafan and Ghust) and wrapping a female dead body. And thereafter, the Salat al Janazah is performed by the community gathered at the Open place. Finally the deceased body is buried in a grave as soon as possible. What is stated in the Holy Quran? It does not explicitly mention or address the issue of Post mortem but it does affirms the sanctity and honor of the human body, and the respect and care for the deceased.

Let me take an example from Al Quran that Allah says,

Indeed, we have dignified the children of Adam, carried them on land and sea, granted them good and lawful provisions and privileged them far above many creatures.

Hence, it indicates the honor and sanctity of human body as well as the respect and deceased body care for the deceased body. Hence, the aspiration of the people of country would be fulfilled if the guidelines for the procedure of post mortem of female body by the female doctor and with the female staff have been formed.

You will be happy to know that the Supreme Court of Pakistan in its judgment on March 20, 1996 had issued directives to all provincial government that in Islam, the dead person and bodies deserved to be respected, and directed that all post mortem on women bodies should be performed by women doctors and further directed no male member should be allowed to be present during the process in two  Criminal Appeal being No. 243 and 244 of 1993 respectively cases of Mohammad Iqbal Versus State and Mohammad Asghar versus State reported in 1996 S C M R 908.

But being a Nation we failed for so long. In earlier Justice (retd) Moyeenul Islam Chowdhury, a former Judge of the High Court Division, Supreme Court of Bangladesh wrote to the Daily Star on 05.02.2022 regarding the necessity of forming guidelines about the postmortem on female body by the female doctors and with female staffs but failed to get the attention to the concerned authorities.

Now it is high time to make a policy and guidelines need to be formed in medico legal autopsy in female dead bodies for the respect of deceased body and her family trust and for the proper adjudication of reasons of cause of death.

Let me again recall the heinous work done by one morgue assistant. That one Morgue assistant  Munna Bhagat had sexually intercourse with female dead bodies. That was widely news over the country and felt shame of Nations. To conclude my discussion, I would like to suggest the concerned authorities to take necessary steps as per above discussion.

Writer is an Advocate, Supreme Court of Bangladesh.