Delhi HC issues Notice to Air India over policy on repatriation of mortal remains
The Delhi High Court has issued notice to the Union government and Air
India on the airline’s illegal and arbitrary practice of weighing dead bodies
of Indian emigrants and charging them accordingly for transportation. The
notice is issued by a bench consisting of the Chief Justice Rajendra Menon and
Justice V. K. Rao on a Public Interest Litigation filed by a Delhi based NGO, Pravasi
Legal Cell.
The petition filed through Advocate Jose Abraham, prayed that the
Civil aviation Ministry and the National Carrier be directed to form proper
guidelines to regulate domestic transportation and international repatriation
of mortal remains. Due to lack of proper guidelines or policies, the Airlines are
charging exorbitant rates for transporting mortal remains and the rates keep
fluctuating, placing the indigent overseas migrants in a very disadvantageous position.
Currently, the airlines including the national carrier treat human remains
as cargo and charge for their shipping according to the weight of the body
including the coffin. The petitioners argued that the practice of weighing the
body as an object violates human dignity guaranteed to every citizen under the
right to life in the Indian Constitution. The Supreme Court of India in an
earlier judgment had expressly recognized the rights of dead body under Article
21 of the Indian constitution.
Pravasi Legal Cell had recently submitted a memorandum to the Ministry
of External Affairs requesting policy for free repatriation of mortal remains
of the poor Indian emigrants. It had, in 2017, had filed another PIL
challenging Air India’s order that mandated a 48 hour prior intimation to the health
officer of the airport, of the importation of the mortal remains. This had
caused much trouble to the families of the dead by causing unnecessarily delay
by another 48 hours. On this matter the Honorable High Court of Delhi was
pleased to stay the operation of the circular and the said PIL is pending
before the Court for final disposal.
The current PIL will be conceived for detailed hearing on January 14.
Advocates Jose Abraham, Blessan Mathews, Srivignesh, Neema Noor and Sarah Shaji
appeared before the Court for Pravasi Legal Cell.
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