High commissions asked to publish guidelines on repatriating Indians dying abroad prominently on websites

NEW DELHI July 17: The Delhi High Court has directed India’s Ministry of External Affairs (MEA) to prominently post on its website and widely circulate the standard operating procedures (SOPs) followed for “transportation of mortal remains” of Indian tourists and workers who die abroad.

A Division Bench of Justices Najmi Waziri and Sudhir Kumar Jain in its July 13 order said, “The court is of the view that the aforesaid SOPs 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 SOPs and guidelines on its website, if not already available, within one week from the date of receipt of copy of this order. All airlines operating from India too may consider posting the SOPs on their respective websites since it is a guidance for Indians flying overseas.”

Click to visit guidelines on Indian High Commission London’s website

The Bench’s order came on an appeal against a single judge’s 2018 order pertaining to issues arising from the death of an Indian man in the Maldives.

The Centre’s counsel said the SOPs for transportation of mortal remains of both Indian tourists and workers are already in place. It was stated that in the case of Indian tourists, “ordinarily all Indian Missions/Posts coordinate with the family of the deceased for transportation of the mortal remains”. In exceptional circumstances of lack of resources, the mission concerned and the MEA make appropriate arrangements, often using the Indian Community Welfare Fund (ICWF) established by the mission, he said.

The Centre further said that in case of a worker, the coordination is done between the nominated family members of the deceased, the insurance company and the employer and the “Indian Mission closely monitors the entire exercise”, pursuant to which the Bench disposed of the plea.

The petitioner had moved the High Court in a writ petition seeking various reliefs, including directions to the MEA to instruct the Indian Embassy at the Maldives to initiate criminal action against a doctor in that country who had treated the petitioner’s son when he was on a vacation at a resort there. It was also prayed that directions be given to Home Secretary, government of Maharashtra, to send the “preserved viscera” of the petitioner’s deceased son to All India Institute of Medical Sciences (AIIMS), New Delhi, for complete re-examination and report the cause of death, reasons for death and the mode of death after examination of the reports.

Observing that the reliefs sought were unmerited, the single judge had said,”Assuming that the allegations of medical negligence made by the petitioner are correct, the same would relate to a treatment provided to the petitioner’s son in the Maldives and, therefore, action, if any, is required to be taken by the authorities in Maldives. The petitioner is not precluded in any manner from pursuing any action against the concerned doctor.”