Non-Resident Indian’s (NRI)’s, Mortal remains who died of non-COVID-19 causes to be brought back without MHA NOC: Plea In Supreme Court.
(Judicial Quest News Network)
A Public Interest Litigation (PIL) in Supreme Court have been filed seeking direction to facilitation to repatriate the mortal remains of Indians abroad who died due to non-COVI-19 related causes.
Filed by rights organisation Pravasi Legal Cell through Advocate Jose Abraham, the petition states that such bodies of Indian Expatriates- especially from Gulf countries like Bahrain, Oman, Kuwait,UAE, and Saudi Arabia-who died due to causes other then COVID-19, cannot be brought back to India.
The petitioner raises concern of Non-Resident Indian (NRI) corpses lying abandoned in foreign airports, after Indian Embassies have started demanding a no-objection certificate from Ministry of Home Affairs (MHA) even for non-COVID-19 deaths.
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. C As per the prevailing practice, 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.
It is also submitted that even the individual airlines have now been instructed that the immigration clearance for dead bodies have been suspended alongside closing of immigration check posts on 23.03.2020 at the Airports. It is also reported that even the Airlines are forced to approach the Ministry of Home Affairs for obtaining separate permission to carry the mortal remains into India.
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.
It is also pertinent to note that the Chief Minister of Kerala and other Members of Parliament from Kerala have urged the Prime Minister and the concerned Ministries to take appropriate action urgently to ensure that there is no delay in bringing back the mortal remains H of Indian citizens died abroad enabling the family members to perform the last rites.
The nature of injury caused or likely to be caused to the public is that the unusual practice of the Embassies insisting on production of a no objection certificate from the Ministry of Home Affairs, New Delhi for issuance of clearance for repatriating the mortal remains of the Indian citizens who died for reasons other than COVID-19 infection and above the existing rules to repatriate has caused huge distress to not only the families of the deceased but also the entire NRI community.
It is submitted that instant denial of No objection certificate by the Ministry of Home Affairs has come out of a sudden and is jolt to the Indian NRI fraternity especially in Gulf Co-operation Council (GCC) countries.
It is pertinent to note there was no prior notification or direction released by the Ministry of Home Affairs on the basis of which this embassy/ Indian consulate is denting permission for repatriation of dead bodies.
The Petitioner (Paravasi Legal Cell is a society registered under the Societies Registration Act, 1860, providing free legal services to the Indian migrants,).
The Petitioner has no other equally efficacious remedy except to approach this Hon’ble Court by way of present Writ Petition.
All annexures annexed to the Writ Petition are true copies of their respective originals.
[Read Petition]
