Plea In SC Seeks Repatriation of Mortal Remains Of Indians Died Abroad Due To Non-COVID Diseases [Read Petition]

To this end, it has been prayed that the Ministry of Home Affairs (MHA) be directed to withdraw its instructions to Indian Embassies and High Commissions for demanding a No Objection Certificate (NOC) from the Government to bring back mortal remains of Indian expatriates who died due to an accident or non-COVID-19 ailment.

The plea filed by the NGO Pravasi Legal Cell raises concerns on how this recent, 'unusual practice' makes the repatriation process tedious despite the Government having clarified that mortal remains of Indians who died abroad due to non-COVID-19 causes could be brought back.

"It is pertinent to mention that the mortal remains of the Indian citizens whose death occurred abroad due to reasons other than COVID19 infection where brought into India without any problem through Cargo planes till 21.04.2020…To repatriate the mortal remains of the Indian expatriates died outside India, a 'clearance certificate' from the Indian Embassy/High Commission in the concerned country is required to process the application for the same. But recently, as an unusual practice, the Embassies are insisting on production of a no-objection certificate from the Ministry of Home Affairs, New Delhi even for those who died of accidents or Non-COVID-19 ailments over and above the existing rules to repatriate."

Drawn up by Advocate Jose Abraham, the plea further adds that Airlines have been instructed that immigration clearance for mortal remains has been suspended, and are 'forced' to obtain separate permission from the MHA to carry such mortal remains. "This is not only is a cumbersome process but would also lead to hesitation from the Airlines to transport mortal remains in the near future", urges the petition.

This insistence on the production of an NOC is a cumbersome process which has resulted in corpses of Indian expatriates lying abandoned at airports, especially in Gulf countries like Bahrain, Oman, Kuwait, UAE and Saudi Arabia, claims the petitioner.

"It is also pertinent to mention that even the World Health Organization (WHO) time and again has categorically clarified that a belief that copses pose a major healthcare risk is inaccurate."

Informing that there was no prior notification or direction from MHA based on which Indian Embassies or Consulates are 'denting permission for repatriation', the petitioner submits that the sudden move has come as a jolt to the NRI fraternity. In this light, it is prayed that Indian embassies abroad be directed to issue clearances to bring back mortal remains of those who died due to non-COVID-19 causes without seeking individual approvals from the MHA.

It has additionally been sought that cargo planes be allowed to carry such mortal remains back to India without requiring individual permission from MHA.