Kerala HC Stays Circular Mandating 48-Hr Advance Intimation For Bringing Indian Citizen’s Body From Abroad [Read Order]

However, 12 hours’ prior notice can be insisted

The Kerala High Court has stayed a circular issued by the health officer attached to Calicut International Airport, which mandates that for importation of dead body of an Indian citizen from any foreign country, the health officer should be given advance intimation of at least 48 hours of the same

The order was issued by Justice PB Suresh Kumar, on a petition challenging the constitutional validity of Rule 43 of the Aircraft (Public Health) Rules, 1954.

It was contended before the court that when an Indian Citizen dies on foreign land, where he was making his livelihood or where he has gone for personal or official purposes, his friends or relatives have to keep his mortal remains there itself for 48 hours even after completing all other formalities.

It was also contended that the Rule 43, on the basis of which the circular was issued, violates the right of deceased persons under Article 21 of the Constitution to have their mortal remains buried or cremated with dignity.

The court was apprised by the Assistant Solicitor General of a draft rule proposed to be introduced in which approval is insisted only 12 hours prior to the importation of human remains.

Taking into account this submission, the court stayed the circular to the extent it insists 48 hours’ notice. The court also made it clear that 12 hours’ prior notice can be insisted in the meantime.