PIL in Delhi HC challenges airlines' policy on Repatriation of Mortal remains
The
illegal and arbitrary practice of weighing mortal remains and charging for its
transportation accordingly by airlines has been challenged through a Public
Interest Litigation before the Delhi High Court. Pravasi Legal Cell, a Delhi
based NGO, has filed the PIL seeking guidelines to regulate the practice of carrying
dead bodies of Indians dying abroad.
Currently,
the airlines including Air India treat human remains as cargo and charge the
shipping of the same accordingly. Apart from accusing airlines of violating
human dignity through this practice, there is also allegation about the
exorbitant rates that AI charges for repatriation of mortal remains.
Recently
Air India was in news regarding its cancellation of the 50% discount that was
applicable on transportation of mortal remains from UAE to India. With this,
the charges increased to about eighty thousand rupees for carrying a dead body
back to India from the UAE, which is unbearable to most of the low-paid Indian
emigrants.
The
petition has pointed out that the callous practice of weighing dead bodies and
fixing transportation rates as per weight is a gross violation of Article 21 of
the Indian Constitution. The
authoritative pronouncement of the Supreme Court recognizes the protection
under article 21, which ensures right to dignified life, as extended to even
dead bodies. The PIL states that that
the national carrier has failed to recognize posthumous legal rights of the
dead.
This
is not the first time that the expats are put in distress with regard to
repatriation of mortal remains. Earlier in 2017, Air India had made mandatory 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 for the repatriation of the dead body
by another extra 48 hours and Pravasi Legal Cell had challenged this order
before the Delhi HC. On this matter the Honorable High Court was pleased to
stay the operation of the circular and the said PIL is pending before the Court
for final disposal.
The
petition demands a direction to the central government to frame appropriate
schemes for repatriating mortal remains of the poor Indian emigrants free of
cost as is practiced by India’s neighboring countries like Pakistan and
Bangladesh. The petition filed through Advocate Jose Abraham, prayed further
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 by the airlines including the Government
carrier, Air India.
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