New Delhi (Agency): The Delhi High Court has instructed the Ministry of External Affairs (MEA) to prominently display and broadly share the standard operating procedure (SOP) for the repatriation of the mortal remains of Indians who pass away abroad.
The direction was given by a bench led by Justice Najmi Waziri, who stated that such guidelines, including details about a welfare fund established for this purpose, need to be widely disseminated in the public domain. The court also encouraged airlines operating from India to consider posting the SOP on their websites for Indians traveling overseas.
The court stated, “Standard Operating Procedures (SOP) and the ‘Guidelines on Indian Community Welfare Fund established in Indian Missions/Posts Abroad’ should be accessible and widely circulated in the public domain. Therefore, the MEA is directed to prominently post and make accessible the said SOP and Guidelines on its website, if not already available, within one week from the date of receipt of copy of this order.” This declaration was also backed by Justice Sudhir Kumar Jain, with the order dated July 13.
This mandate from the court originated from a plea dealing with complications arising from the death of an Indian man in the Maldives.
The central government counsel explained that the SOP for the transportation of mortal remains of both Indian tourists and workers is already established.
The court highlighted that, usually, all Indian Missions liaise with the family of the deceased in the case of Indian tourists. However, in rare instances where resources are lacking, the Missions and MEA arrange the necessary provisions, often tapping into the Indian Community Welfare Fund set up by the concerned Mission.
For workers, coordination is established among the nominated family members of the deceased, the insurance company, the employer, and the Indian Mission. The Indian Mission then closely monitors the entire process, as the court noted.
This move by the Delhi High Court represents a significant step towards ensuring that families of Indians who pass away overseas have clear guidance and assistance during their time of grief. The process of repatriation, which can be both emotionally and logistically challenging, will now be more transparent and widely understood, as per the court’s directive. This will hopefully facilitate smoother proceedings in such unfortunate circumstances.
The court’s decision underscores the importance of public accessibility to such essential procedures. It acknowledges that information about these procedures should not remain confined to official channels but should be disseminated widely, especially to those who may need to use them. By asking airlines to consider posting the SOP on their websites, the court is also encouraging more sectors to play a part in ensuring that these crucial guidelines reach as many Indians as possible.
The order has set a one-week deadline for the MEA to make these SOPs and guidelines accessible on its website if they are not already available. This swift action highlights the urgency the court places on the matter, emphasizing the importance of immediate accessibility to this information.
