Indian Journal of Medical Ethics Published online first on November 12, 2022
[1]
COMMENT
Ethics of the use of dead human bodies in anatomy teaching in India
SRIVIDYA SREENIVASAN, V SREENIVASAN
________________________________________________________________________________________________________
Abstract
The study of the human anatomy predominantly requires the
use of remains of the dead. Unclaimed bodies are easily
available in India; however, there is a lack of clear ethical
guidelines governing their transport and exchange. We raise
pertinent questions about the ethical implications of using
unclaimed bodies in teaching anatomy, their transport, transfer
and storage, ethical and legal issues regarding the voluntary
donation of bodies and dry human bones, as well as the
commercial aspects of body donation. We also examine
existing practices in anatomy departments in India, and explore
the available legal safeguards. We detail practical and ethical
challenges in the existing practices and safeguards and
attempt to provide solutions.
Keywords: anatomy teaching, body donation programme,
ethics, informed consent, procurement of cadaver
In the 1820’s William Burke and William Hare murdered 16
individuals in Edinburgh, Scotland, and sold the corpses to
Dr Robert Knox, an anatomist, for purposes of anatomical
dissection [1]. Though anatomists have come a long way
since then in the manner of procurement of cadavers, the
use of unclaimed bodies for purposes of anatomical
dissection is prevalent even today [2].
Ethical dilemmas arising in the use of unclaimed
bodies in teaching Anatomy
Consent cannot be obtained for the dissection and
preparation of museum specimens if unclaimed bodies are
used for these purposes. This violates one of the basic
principles of ethics, ie, autonomy. Some may argue that the
state is responsible for the interment of unclaimed bodies
[3], and therefore, can assign the bodies to a recognised
medical institute for dissection [4]. Here, the principle of
common good overrules the principle of autonomy of the
dead individual. From an ethical point of view, schools have
the option not to accept unclaimed bodies for dissection. In
this case, they would be rejecting material that is readily
available and permitted by law for use in medical education
and research. While this might protect the autonomy of the
dead, it also means a lack of cadavers for dissection,
especially in those regions that face an acute shortage of
voluntarily donated bodies. However, as Beauchamp states,
“method in ethics begins with the moral convictions that
inspire the highest confidence and that appear to have the
lowest level of bias” [5]. Most unclaimed bodies sourced for
dissection belong to those from the marginalised sections of
society [6]. Using them for the purpose of anatomical
dissection thus comes with inbuilt bias. Hence, although
Anatomy Acts, which are opt-in laws, permit the use of
unclaimed bodies for anatomical dissection [4], the practice
does not conform to the high standards of ethics that Indian
medical colleges should strive to achieve.
Ethical and legal issues related to voluntary donation of
bodies
The Maharashtra Anatomy Act, 1949, permits a request to
donate their body or a part of it, expressed by a person in
writing or orally in the presence of two or more witnesses,
during the former’s last illness that resulted in death [4].
There is no provision in the Act for a healthy individual to
pledge their body for voluntary donation. Further, relatives
of the deceased may be unwilling to donate the body
despite the individual having consented. This presents a
conflict between the autonomy of the deceased individual,
and the rights of ownership of the dead body by the next of
kin. From a legal point of view, as per the provisions of the
Maharashtra Anatomy Act, Section 5B, the next of kin has a
right to refuse to donate the body if:
a) They have reason to believe that consent given by
the deceased was subsequently withdrawn.
b) A near relative of the deceased objects to the body
being so dealt with.
c) The person in lawful possession of the body
believes there is need for an inquest or a post
mortem [4].
Most body donation registration forms have a “no objection
Authors: Srividya Sreenivasan (corresponding author —
srividyasreenivasan@yahoo.com), Associate Professor, Department of Anatomy,
DY Patil University, School of Medicine, Navi Mumbai, 400706, INDIA; V
Sreenivasan (drsreenivenkat@gmail.com), Principal, Bharati Vidyapeeth
Dental College, CBD Belapur, Navi Mumbai, 400 614, INDIA.
To cite: Sreenivasan S, Sreenivasan V. Ethics of the use of dead human
bodies in anatomy teaching in India. Indian J Med Ethics. Published online
first on November 12, 2022. DOI: 10.20529/IJME.2022.084
Manuscript Editor: Olinda Timms
Peer Reviewers: Two anonymous reviewers
Copyright and license
©Indian Journal of Medical Ethics 2022: Open Access and Distributed
under the Creative Commons license (CC BY-NC-ND 4.0), which permits
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provided the original author(s) and source are credited.