Publicize SOP On Transportation Of Mortal Remains Of Indians Who Die Abroad: Delhi High Court To MEA

The Delhi High Court has directed the Union Ministry of External Affairs to publicize the standard operating procedure (SOP) and guidelines on transportation of mortal remains of Indian tourists or workers who die abroad.

A division bench of Justice Najmi Waziri and Justice Vikas Mahajan directed the MEA to “prominently post and make accessible” the SOP and guidelines on its website within one week.

“All airlines operating from India too may consider hosting the SOP on their respective websites since it is a guidance for Indians flying overseas,” the bench added, while dealing with a petition concerning the death of an Indian man in Maldives.

The Union of India submitted before the court that the SOP for “Transportation of Mortal Remains” from overseas of both Indian tourists and workers is in place.

The bench noted that in the case of Indian tourists, all Indian Missions or Posts coordinate with the family of the deceased for transportation of the mortal remains.

It further noted that in exceptional circumstances of lack of resources, the Mission concerned and MEA make appropriate arrangements using the Indian Community Welfare Fund established by the Mission.

“The court is of the view that the aforesaid Standard Operating Procedures (SOP) and the “Guidelines on Indian Community Welfare Fund established in Indian Missions/Posts Abroad” should be accessible and widely circulated in the public domain,” the court said.

Senior Advocate N. Hariharan appeared as Amicus Curiae along with Advocate Punya Rekha Angara.

CGSC Anurag Ahluwalia represented the Union of India.

Title: CHELAKARA RAMASWAMY v. UNION OF INDIA & ORS

Citation: 2023 LiveLaw (Del) 594

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