Feb 16, 2023
All About Autopsy Or Post- Mortem
INTRODUCTION
An autopsy (post-mortem examination, obduction, necropsy, or autopsia cadaver) is the study of a dead person's body to ascertain the cause of death, characterize the severity of any diseases the person may have had, or assess the success of any medicinal or surgical procedures. Pathologists and medical professionals who have acquired specialized training in the diagnosis of diseases through the analysis of body fluids and tissues carry out autopsies. Autopsies are occasionally requested for teaching and research purposes in academic institutions. To ascertain if a death was caused by an accident, homicide, suicide, or a natural occurrence, forensic autopsies are conducted. The word "autopsy" comes from the Greek word autopsia, which means "to see with one's eyes."
The autopsy has historically served a range of purposes, including those related to medical care (diagnostic-related groups, quality assurance, and total patient care), the body of medical science (research, education, transplantation, and prostheses), society (public health, vital statistics, forensic issues), and the family (counselling and understanding the life cycle). Additionally, autopsies are the most crucial aspects of forensic pathology because they help determine the precise cause and manner of death, which has significant medical and legal implications.
WHAT ARE THE TYPES OF AUTOPSY?
Medical-legal, forensic, or coroner's autopsies aim to identify the deceased while also determining the cause and manner of death. They are typically carried out, as required by applicable law, in cases of violent, suspicious, or abrupt deaths, deaths that occur during surgery, or that occur without medical intervention.
Clinical or pathological autopsies are carried out to identify a specific disease or for scientific investigation. Prior to the patient's passing, medical diagnoses that were unknown or uncertain must be determined, clarified, or confirmed.
Anatomical or academic autopsies are performed by students of anatomy for study purposes only.
Virtual or medical imaging autopsies are performed utilizing imaging technology only, primarily magnetic resonance imaging (MRI) and computed tomography (CT).
WHO PERFORM AUTOPSY?
Autopsies are carried out by medical examiners with the assistance of an autopsy technician. A coroner may also be brought in to aid with non-medical activities. Although these three jobs are similar, there are some key differences.
Medical Examiner:
A physician with expertise in forensic pathology is known as a medical examiner. Medical professionals with further expertise in human diseases and body tissues are called pathologists. Investigations into deaths are a speciality of forensic pathologists. The duties of the medical examiner include the postmortem examination, death investigations, handling toxicology (and any other laboratory test findings), gathering and preserving evidence, and testifying in court cases.
Coroner:
In contrast, a coroner is a locally elected official who starts an inquiry into the manner of death (typically serving a 2 to 4-year term). No additional education or experience in medicine is necessary for this role.
They don't conduct medical exams because they aren't necessarily doctors. Instead, they frequently have to hire experienced pathologists to perform autopsies. They are responsible for finishing the death certificate, locating the body, and opening any ongoing legal investigations. Coroners frequently serve in smaller counties where it is impractical to employ a pathologist full-time due to financial constraints.
Autopsy Technicians:
The people who assist with autopsy operations are known as autopsy technicians. They might lend a hand with the preparations, cleaning, documentation, and the actual autopsy. A four-year degree in biology, chemistry or a closely related subject is typically required of technicians.
WHAT IS THE PROCEDURE OF AUTOPSY OR POST-MORTEM?
The steps involved in doing an autopsy differ depending on its extent and purpose. The majority of standard autopsy include an inspection of the chest cavity, abdominal cavity, and brain if there are no limitations imposed by the family. The pathologist typically makes a Y- or U-shaped incision starting at the shoulders that meets at the sternum (breast bone) and continues vertically down to the pubic bone in order to examine the organs in the chest and abdomen. Through an incision created in the back of the skull from one ear to the other, the brain is examined. Before any incisions are made, the autopsy starts with a thorough physical examination of the body's exterior, which involves estimating the victim's height and weight. Also mentioned are any skin blemishes visible as scars, surgical incisions, wounds, or scar tissue. Typically, the organs are taken out of the body for evaluation. To check for anomalies inside the organs, the pathologist may weigh each organ separately and further dissect (cut) the tissue. Small bits of tissue are removed from the organs after they have been seen with the unaided eye for microscopic analysis. Each tissue's microscopic and physical traits are meticulously detailed in detail. The incisions made on the body are stitched up after an autopsy. The organs may be donated back to the body or kept for use in instruction, research, or diagnosis. An open casket funeral service is not hampered by the performance of an autopsy because no incisions are visible once the body is readied for burial.
WHAT IS THE IMPORTANCE OF AUTOPSY OR POST-MORTEM?
Bringing closure is one of the most crucial things an autopsy can accomplish for a grieving family. Beyond what is immediately available after death, autopsies can give us more insight into the causes of the deaths of our loved ones. They assist persons who are unable to speak up for themselves by providing answers and, in many circumstances, a voice. Autopsies sometimes benefit medical experts as well. They might discover more about how diseases work and carry out tasks that are impossible to conduct when a person is still living. They might come across information that enables them to stop or slow the spread of infectious diseases or potential outbreaks more promptly. With this information, they can learn more about diseases like particular types of cancer, dementia, heart failure, and serious illnesses. By creating more effective and painless treatment strategies, they will be better equipped to assist those who are afflicted with similar ailments in the future. Autopsies are a method of gathering documentary evidence in criminal investigations, as most frequently seen in popular culture. Invaluable data from autopsies, such as the reason for death, the time of death, and even the body's identity, can help catch offenders and bring them to justice before they cause harm to others. In short, autopsies equip doctors with the knowledge and resources they need to better support their communities and the general well-being of populations.
WHAT ARE THE LEGAL ASPECT RELATED TO AUTOPSY OR POST-MORTEM?
In India, there is no specific law protecting the rights of the dead. However, The courts have often emphasized that they must uphold the respect and rights of the dead.
It is the responsibility of the State to preserve the rights of the deceased and prevent crime over the dead body in cases of both natural and unnatural deaths (accident, suicide, homicide, etc.). In order to guarantee the dead's dignity and defend their rights, it is also a necessity that the States/UTs prepare an SOP in conjunction with all parties involved. Along with the country's citizens, the stakeholders include the hospital administration, police, forensic medicine specialists, district administration, municipal corporation, and other organisations. Following are the laws related to Autopsy or Post- Mortem:
International Framework
All international human rights laws are founded on the principle of human dignity. The following list includes a few treaty obligations and laws that expressly address the respect due to the dead person:
1. Article 16 (II paragraphs) of Geneva Convention 1949 IV: Each party to the war shall facilitate the actions taken to safeguard the killed against ill-treatment, to the extent that military consideration permits.
2. Article 3(a) of the 1990 Cairo Declaration on Human Rights in Islam: In the event of the use of force during an armed conflict, it is forbidden to mutilate dead bodies.
3. The UN Commission on Human Rights in a Resolution adopted in 2005 underlined the significance of respectfully handling human remains, including their correct care and disposal as well as respecting the interests of families.
4. According to the UN's Inter-Agency Standing Committee's Operational Guidelines on Human Rights and Natural Disasters, suitable steps should be done "to assist the return of remains to the next of kin." Measures should make it possible to recover human remains for later identification and reburial, if necessary.
5. According to Article 130(1) of the Fourth Geneva Convention, which is a part of international humanitarian law, States are required to "guarantee that cemeteries are respected, properly maintained, and marked in such a manner that they can always be recognised."
National Framework
The right to dignity is one of many aspects of a person's life that are covered by Article 21 of the Indian Constitution, which guarantees the right to life. This privilege has been extended to dead people as well by numerous Supreme Court and High Court judgements.
Case laws:
Parmanand Katara v. Union of India , 1989
According to the Apex Court of India in the historic case from 1989, the right to life, to receive a fair trial, and to be treated with dignity extends not only to a person who is alive but also to his dead body. Article 21 of the Indian Constitution is the basis of these rights. Additionally, the recognition of posthumous legal rights grants the deceased a high moral standing inside our legal system. The law also aims to respect the intentions of the dead and protect his interests.
Ashray Adhikar Abhiyan v. Union of India, 2002
According to the court, the dignity of the dead must be maintained and respected. It expanded the duty of the State to see that a suitable cremation is provided for the deceased person who is homeless in accordance with their religion.
P. Rathinam v. Union of India, 1994
In this case, the scope of article 21 was expanded to take into account a person's dignity. It underlined that having the right to life extends beyond merely existing as an animal. Additionally, a dead person now has the same right to dignity as a living person.
Indian Penal Code, 1860
In accordance with the IPC, 1860, the rights of the deceased include the prohibition of trespassing on places used for funeral rites and burials under Section 297, the prohibition on dishonestly appropriating property and converting it under Section 404, the prohibition on defamation under Section 499, and the prohibition on criminal intimidation under Section 503.
Transplantation Of Human Organs And Tissues Act, 1994 (Thota)
To prohibit commercial deals in human organs and tissues, as well as things related to or incidental thereto, the THOTA regulates the removal, storage, and transplantation of human organs and tissues for therapeutic purposes. The THOTA ensures a deceased person the right to safeguard and preserve their dead body's human organs and tissue from being harvested without their permission or the permission of close relatives.
FUNDAMENTAL PRINCIPLES FOR UPHOLDING THE DIGNITY AND DEFENDING THE RIGHTS OF THE DEAD
1. No discrimination in any way in the treatment of the body- To guarantee that the dead body is handled and preserved appropriately regardless of religion, region, caste, gender, etc.
2. There should be no physical exploitation of the dead. This is a violation of the departed person's fundamental right.
3. The right to a decent and timely burial or cremation is to be guaranteed to the deceased.
4. To receive justice when a crime results in death: When a crime results in death, the deceased have the right to justice.
5. To carry out a lawful will: The deceased's final wishes, if any, must be observed and upheld.
6. No defamation after death - The deceased person should not be subjected to any type of remark or outward manifestation that is made, published, or distributed with the intent of damaging his or her reputation.
7. No invasion of privacy – The deceased individual had a right to privacy, which is the ability to determine how information about one's privacy is shared.
CONCLUSION
The autopsy is a highly important tool for analyzing the findings about the deceased person's goals and emotional state right before death, which are crucial in building the case and determining the reasons of the deceased person's death. The final suggestion is that Indian courts study this theory and attempt to use it in instances involving less significant grievances as well as enigmatic and unexplained circumstances. When it comes to legal concerns, contacting a psychologist can help the judge make decisions that are just, take into account the safety of the community and the person, and help them see things more clearly.