"Do The Needful" SC To Centre On Pregnant Indian Woman's Repatriation Plea From USA

The Supreme Court on Tuesday took up a petition seeking immediate repatriation of a pregnant woman via the scheduled May 13 Air India flight.

A bench of Justices Nageswara Rao, Abdul Nazeer & Sanjeev Khanna directed Centre to do the needful but did not pass orders as prayed for.

The petitioner's lawyer, Mr. Sanjay M. Nulli argued that the petitioner is at an advanced stage of pregnancy and is stuck in the United States along with her 18 month old daughter & husband. Thus, any more delay for repatriation would be disastrous on her health.

"The Petitioner No. 1 is in the third trimester (final stage) of her pregnancy and is living in an extreme state of uncertainty and in a condition proving fatal to herself and the fetus" - Excerpt from Petition

When the matter came up for hearing, the bench was initially inclined to serve a copy on the Solictor General but list it for tomorrow but then passed it over.

Advocate Nulli had insisted that as the "flight is tomorrow, this order would not serve any purpose"

Apropos this, when the passed over matter was taken up again, the bench observed that it was not inclined to pass any orders but asked the Government to take cognisance of the issue accordingly.

The petition had contended that the Pooja Chaudhary and her family had return flights to India after a composite business trip on April 6. However,  "owing to the restrictions imposed by the Director General of Civil Aviation vide Circulars dated 19.03.2020, 26.03.2020 and 14.04.2020 on the operation of international flights, the Petitioners have been stranded in the USA"

In light of the above, petitioner had prayed to be rescued with "appropriate arrangements" for their travel to India via "Air India Flight No. AI 174 which is scheduled to depart from San Francisco on 13th May 2020 or at the next earliest possible opportunity" as well was directions to ensure that she has access to proper medical facilities.

The Supreme Court has been taking up evacuation petitions of several stranded Indian Citizens since the lockdown was imposed in India and international cross-border Air travel had been blocked.

On May 8, While hearing a plea on behalf of over 250 pregnant Indian women praying for evacuation from the Kingdom of Saudi Arabia, Supreme Court observed that women who are at the final stage of pregnancy (Third Trimester) must be given top priority for purposes of repatriation.

The Centre had issued Standard Operating Protocols on May 6 for evacuation of Indian Citizens stranded Abroad amid the pandemic.

Termed the "Vande Bharat Mission", the evacuation has been started at the behest of Government. As on date, stranded Indians from various countries have been brought back.