The Delhi High Court in the case Chelakara Ramaswamy v. Union of India observed and has directed the Union Ministry of External Affairs to publicize the standard operating procedure, SOP and the guidelines on the transportation of mortal remains of Indian tourists or the workers who die abroad.
The division bench comprising of Justice Najmi Waziri and Justice Vikas Mahajan in the case observed and has directed MEA for prominently posting and to make accessible.
The court stated while dealing with the plea concerning the death of an Indian man in Maldives that all the airlines which are operating from India too may consider hosting the SOP on their respective websites since it being in the guidance for Indians flying overseas.
Therefore, it has also been submitted by the Union of India before the court that the SOP for the Transportation of Mortal remains from the overseas of both Indian tourists and the workers is in place.
The bench in the case observed and has noted that it being the case of Indian tourists, the all Indian Missions or Posts coordinate with the family of the deceased for transportation of the mortal remains.
Further, the bench noted that it being the case of exceptional circumstances for lack of resources, the Mission concerned and MEA for making appropriate arrangements using the Indian Community Welfare Fund established by the Mission.
It has also been stated by the said court that this court is of the view that the aforesaid Standard Operating Procedures, SOP and the Guidelines on Indian Community Welfare Fund established in Indian Missions or Posts Abroad should also be accessible and is widely circulated in the public domain.
The counsel, Senior Advocate N. Hariharan appeared as Amicus Curiae along with Advocate Punya Rekha Angara.
The counsel, CGSC Anurag Ahluwalia represented the Union of India.
