Centre To Take Steps For Free Of Cost Repatriation Of Indians Unable To Meet Flight Fare : Kerala HC [Read Order]

The High Court of Kerala on Friday observed that the Government of India must take adequate steps to ensure repatriation of those who are unable to meet the flight charges as applicable.

"....it is pointed out that the Government of India may also take steps to ensure that those who are unable to meet the flight charges may be expatriated free of costs... we observe that in case, any expatriate expresses difficulty to pay flight charges and if it is found to be genuine, the embassy and missions of the Government of India may take steps in coordination with other non Government Organizations abroad for the transportation of such persons , If they have secured necessary registration with the appropriate authorities for their repatriation" - Kerala HC (Excerpt of Order)

A Division bench of Justices Shaji P. Chaly & M.R. Anitha made various other observations while hearing a batch of petitions filed for purposes of issues surrounding Indian stranded abroad due to the lockdown.

The Court also took note of the detailed report filed on behalf of the State Government in line with steps taken for cross-border evacuation of citizens stranded Abroad as well as the Standard Operating Procedure (SOPs) issued by the Centre for the said purpose.

"it is clear that an action plan is prepared by the Government of India to repatriate the expatriates stranded in foreign countries consequent to the closure of the Indian Airports employing non-scheduled aircrafts and the ships belonging to the Indian Navy. The SOP issued by the Government of India would also make it clear that strict guidelines are issued by the Government of India with respect to the protocol to be followed by the expatriates and the respective State Governments" - Bench 

In light of the above, bench directed that as the GOI had derived a plan for expatriation of Indian Citizens only for the period between May 7 to May 13 as on date, plans for repatriation of the registered expatriates must be made. The Court also directed that the a statement in this regard also be submitted before the bench.

Further to this, the issue of conflict between the SOP issued by the Central and State Governments with regard to quarantine (post completion of evacuation) also came up, wherein the Court considered it appropriate that the Petition(s) be taken up again for further statements of the Central and State Governments on May 12.

It is also noteworthy to point out that the bench also took up the issue of the Fundamental Rights envisaged in the Constitution with respect to Article 19(1)(e) and reasonable restrictions laid down under clauses (5) and (6).

Apropos, this the bench stated that even though the freedom of movement to reach the territory of India cannot be curbed by the State "ordinarily" and "normally" and that "Article 21 of the Constitution of India guarantees the citizens' personal liberty to travel abroad and return to India", it was concious of all the commotions that have occured to the emergent situtations that have arisen due to the pandemic.

"We are also hopeful and confident that all possible steps would be taken hereafter also to alleviate their grievances, and further that the Centre and the State would work in tandem to achieve the aim of repatriation and the consequential actions" - Bench

With respect to the issue of deficiency in providing medical facilities to expatriates, the Central Government's submissions were taken on record by the bench. These included facilities for transportation to hospitals, access to medical amenities as well as coordination with concerned authorities for purposes of securing necessary registration towards repatriation.

Click Here To Download Order