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placed in cryonic suspension1 on his demise keeping in view the UK court decree,
which authorized the same.
The present argument relies upon two affirmatives, which are quintessential in the
present scenario:
1. The UK court judgment holds authority in the Indian territory
2. It is legally and practically feasible to enforce the said UK decree
It is contended that high court erred in disposing off the petition with regards to
enforcement of UK order relating to cryonics suspension, the stand taken by the court
was that no piece of legislature exist to regulate this particular field. The counsel
humbly differs and states that the order obtained from UK High Court can be enforced
under Section 44A2 of Indian civil procedure code, according to this section Where
a certified copy of a decree of any of the superior courts of any
reciprocating territory has been filed in a District Court, the decree
may be executed in India as if it had been passed by the District
Court. A foreign judgment shall be conclusive, subjected to certain
- Cryonics is a technique intended to hopefully save lives and greatly extend lifespan.
It involves cooling legally dead people to liquid nitrogen temperature where physical
decay essentially stops, in the hope that future scientific procedures will someday
revive them and restore them to youth and good health. It is humbly purported further
section 5B of the anatomy act as a relevant piece of law in the said context. According
to Section 5B of Anatomy Act. If any person has expressed a request that his body
should be given to authorities in charge of an approved institution for being used after
his death for therapeutic purposes, the person lawfully in possession of his body after
his death may authorize the removal of the dead body to any approved institution for
use in accordance with request. Following particulars act as the essentials of the said
section:
Oral or written request in presence of two witnesses for body or organ
donation.
To approved4 medical institutions.
For Therapeutic5, Research, Educational purposes.
The consent to enter into the cryonic suspension has been expressly communicated in
the present case, thus fulfilling the first essential, which is reflected in the contract
between the petitioner . It can be inferred from the present factual matrix that the Re-
birth Medical Services already started functioning before Reema contracted on
behalf of Rahul and hence it can be assumed that it is an approved medical institution
running in the state and hence falling under the category of institutions as mentioned
in Sec. 5B of the anatomy act. The third and the most important term Therapeutic
purposes has nowhere been defined in any statute, but the in Novartis judgment 6 the
Court discussed at some length the meaning of therapeutic efficacy in respect to
pharmaceutical products, and observed that there are different possible meanings. The
definition may be limited only to action resulting in a curative effect, or it might be
more broadly extended to cover improved safety or reduced toxicity. In the light of
The counsel humbly pleads that the field of cryonics has no definite legislature or regulations
either enabling or disabling it in any country but has been frequently practiced in most of the
developed as well as developing countries by circumventing the law.
The cryonics organization operating in the area or contracted with are the
"procurement organization," which, under the definitions in the 1988 law, means "a
person licensed, accredited, or approved under the laws of any state or by the State
Department of Health Services for procurement, distribution, or storage of human
bodies or parts.
"(b) An individual of sound mind and eighteen (18) or more years of age may execute
at any time a declaration governing the final disposition of their bodily remains at
their death provided such is in accordance with existing laws, rules, and practices for
disposing of human remains. The declaration shall be signed by the declarant, or
another at the declarant's declaration, and shall be witnessed by two (2) individuals.
"(c) No person having possession, charge, or control of the declarant's human
remains following the death of a person who has executed a declaration of final
disposition shall knowingly dispose of the body in a manner inconsistent with such
declaration."
It can be seen even a legislature with such a loose language has also given the cryonic
organization an area to work upon, where no specific legislature exists regulating the field of
cryonic suspension.