It is humbly submitted before the honorable court that Rahul should be allowed to be

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

The UK court judgment holds authority in the Indian Territory

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

1 Cryonic suspension (also known as cryogenic suspension) is a process by which the

legally dead but biologically viable body of a person who has been ill or injured is
preserved at low temperatures until such time as medical science may be capable of
reviving the person and implementing effective cure or treatment of the illness or injury.
2 44A. Execution of decrees passed by Courts in
reciprocating territory.-(1) 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.(2) Together with the certified
copy of the decree shall be filed a certificate from such superior
court stating the extent, if any, to which the decree has been
satisfied or adjusted and such certificate shall, for the purposes of
proceedings under this section, be conclusive proof of the extent of
such satisfaction or adjustment.
(3) The provisions of section 47 shall as from the filing of the
certified copy of the decree apply to the proceedings of a District
Court executing a decree under this section, and the District Court
shall refuse execution of any such decree, if it is shown to the
satisfaction of the Court that the decree falls within any of the
exceptions specified in clauses (a) to (f) of section 13.
exceptions as enlisted in section 13 3 of the C.P.C. (add some
cases for section 13) . As the present case doesnt attract any of
those exceptions, the UK decree is enforceable by the competent
court of law in India and the same must be recognised. The
judgment of a foreign court is enforced on the principle that where a
court of competent jurisdiction has adjudicated upon a claim, a legal
obligation arises to satisfy that claim. The rules of private
international law of each State must in the very nature of things
differ, but by the comity of nations certain rules are recognized as
common to civilized jurisdictions. Through part of the judicial system
of each State these common rules have been adopted to adjudicate
upon disputes involving a foreign element and to effectuate
judgments of foreign courts in certain matters, or as a result of
international conventions. Such recognition is accorded not as an
act of courtesy but on considerations of justice, equity and good
conscience. An awareness of foreign law in a parallel jurisdiction
would be a useful guideline in determining our notions of justice and
public policy. Therefore in the present factual matrix when read
along with the parameters given in section 13 of Indian civil
procedure code, it can be said that the order obtained from UK High
Court can be enforced in compliance of section 44A of CPC.

3 13. When foreign judgment not conclusive.- A foreign

judgment shall be conclusive as to any matter thereby directly
adjudicated upon between the same parties or between parties
under whom they or any of them claim litigating under the same
title except,(a) where it has not been pronounced by a Court of
competent jurisdiction;
(b) where it has not been given on the merits of the case;
(c) where it appears on the face of the proceedings to be founded on
an incorrect view of international law or a refusal to recognize the
law of India in cases in which such law is applicable;
(d) where the proceedings in which the judgment was obtained are
opposed to natural justice;
(e) where it has been obtained by fraud;
(f) where it sustains a claim founded on a breach of any law in force
in India.
 It is legally and practically feasible to enforce the said UK decree

- 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

4 Sec. 2(1): approved institution means a hospital or a medical or

teaching institution approved by the State Government.
5
6 Case ke citations daal bhadwe
the mentioned interpretation, cryonics being an endeavor to bring curative effect, the
present case fulfills the 3rd essential as well to attract section 5b of the statute.

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.

UNIFORM ANATOMICAL GIFT ACT

California
California Health and Safety Code , original 1968, revised 1970, new Act 1988.
As explained above, this statute gives an individual the ability and the right to donate
his body or organs for medical research or for transplant. While the law does not
state anything about cryonic suspension, cryonic storage facilities depend on the
following language to act:
"7150.5 (a) An individual who is at least 18 years of age may make an anatomical gift
for any of the purposes stated in subdivision (a) of Section 7153, limit an anatomical
gift to one or more of those purposes, or refuse to make an anatomical gift."
and:
"7153 (a) The following persons may become donees of anatomical gifts for the
purposes stated: (1) a hospital, physician, surgeon, or procurement organization, for
transplantation, therapy, medical or dental education, research, or advancement of
medical or dental sciences."

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.

Arkansas Final Disposition Rights Act (passed in 1991)

"(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.