INTRODUCTION
In the modern world, due to globalization people travel and reside in one another country. People are attracted to other countries for many reasons like for livelihood, employment, travelling etc. Indian people travel to another country on a large scale every year. According to a report from the Ministry of Tourism, about 21.6 million Indians in 2022 with a compound annual growth rate (CAGR) of 7.82% had departed from India.[1] They travel with many aspirations but due to some mishappenings like accidents, disease, etc., they lose their life. Recently about 45 Indian people lost their lives in a Kuwait fire incident[2]. In such cases, the family of the deceased has a strong desire to complete the last rites of the person on their land according to their rituals. This can be only possible if the body of the person is brought back to their country. Along with transporting the dead body, many other facilities are needed which are provided by the government, specifically by the Ministry of External Affairs.
REPATRIATION OF THE DEAD BODY AND RIGHTS
Repatriation of the dead body means the process of bringing back the dead body of a person from abroad to the country of the person’s origin or citizenship. Answering the question asked in Lok Sabha, Minister Shri V. Muraleedharan, stated that about 49,251 Indians had died abroad from 2017-2022. [3] All of these people who expired abroad were brought back to their native country to their families by the Government.
Repatriation is done to ensure the dignity of the dead person and the respectful management of the dead body. It is the right of the dead person to have a decent burial. In India, Article 21 [4] provides about the ‘Right to life and personal liberty’ which means to have a life with dignity. Supreme Court has extended its essence to the dead person to ensure the dignity of the person’s dead body.[5] In the case of Ramji Singh @ Mujeeb Bhai v. State of U.P. & Ors[6], the court held “Right to life with dignity should be extended in such a manner that his dead body is given respect, which he would have deserved, had he been alive, subject to his tradition, culture and the religion which he professed”
At the International level, various conventions provide about the dignity of the dead people and decent burial. Article 130 of the Fourth Geneva Convention headed as Burial Cremation states that ”the dead bodies must be honourably buried, if possible according to the rites of their religion, and that their graves are always respected, properly maintained and marked in a way that they can always be recognized”.[7]
Article 6 of the UN’s Inter-Agency Standing Committee’s Operational Guidelines on Human Rights and Natural Disasters (”IASC Guidelines”) headed as ”dealing with mortal”. It provides that the return of mortal remains must be facilitated to next of the kin. The body must be disposed of according to the local religious and cultural practices ensuring the dignity and privacy of the dead and their family.[8]
Both the national and international rules state that the dead person has the right to dignity and decent burial. The body must be delivered to the family of the deceased and cremated according to the religion, culture and tradition of the person. This right gives rise to practice and rules of repatriation of dead remains from foreign countries to own nation, specifically to the family of the person.
The standard procedure is established in every country to ensure the safe repatriation of dead remains. A citizen can apply according to the procedure for bringing back the body of a family member from a foreign country. In India, a person can only apply through such a procedure to bring back the remains of only Indian citizens. There is no as such right to bring back dead remains of foreigners or persons who were born in India but have changed their citizenship. It doesn’t matter that the last wish of such a person was to be buried in India.[9]
STANDARD OPERATING PROCEDURE (SOP)
The procedure established to ensure the repatriation of the dead in India is maintained by the Ministry of External Affairs in India. This procedure is called Standard Operating Procedure. A general citizen has to comply with SOP and submit all relevant documents to ensure the safe return of remains. Recently Delhi High Court Ordered to Ministry of External Affairs to publicize the SOP for transporting the dead bodies from abroad. [10]
The posts/mission of the Indian government are established in foreign countries which maintain contact with foreign governments and authorities for repatriation of mortal remains. The Ministry of External Affairs has published the guidelines and procedure on its official website.[11] For repatriation, the death of the deceased needs to be registered with the concerned Indian post/ mission, for which the following documents are required-
- Medical report/death certificate issued from a hospital: When a person dies in hospital then hospital authorities issue a death certificate assuring the incident of death. It gives important information like age, date of death, sex, name, etc.
- Copy of detailed police report (with English translation, if the report is in some other language), in case of accidental or unnatural death and No Objection Letter: The local authorities i.e. police of the locality where the deceased resides for a long time before dying, are informed about the death and they investigate about the cause including accident, unnatural death, etc. The police will issue a no-objection certificate in case of natural death. This no-objection certificate is required in some countries for registering the deceased soul with both embassies.[12]
- Consent letter from next of kin of the deceased for local cremation/burial/transportation of mortal remains, duly attested by a notary.
- Copy of passport and visa pages.
- Other documents such as clearance and arrangements for embalming of mortal remains, clearance from local immigration/customs department, etc.
After the registration of death with the Indian Embassy, the process of repatriation will be initiated. This process is comparatively speedy in the case of natural death as compared to an unnatural death. It is due to procedural aspects and legal inquiries in foreign countries.
Generally, the cost of repatriation is incurred by the family or insurance company. In the case of an Indian person employed in Saudi Arabia, only the sponsor can initiate the process of repatriation and the cost is incurred by him. However, the sponsor may be exempted if the deceased worker was insured under the General Organization for Social Insurance (GOSI).[13] In some countries, the cost is increased as the transportation of the remains is subject to clearance of pending traffic fines and overstay fines of the deceased.
If the family of an Indian deceased does not have sufficient money, then the Indian Community welfare funds are used. These funds are utilized only after the sponsors and insurance companies do not help the person and the family does not have sufficient resources. The officer approving the usage of funds has to be completely assured that the person deserves the help. The beneficiary (deceased) must have legally entered the host country.[14]
E-CARE PORTAL
E-clearance for after-life remains referred to as the e-CARe portal was created to conduct the clearance of human mortal remains from abroad electronically. Union Health Minister of India, Mansukh Mandaviya had announced the launch of this portal. It was launched on 3 August 2023. It was made to bring transparency to the process and aid the families in tracking the repatriation process. The portal covers two provisions – one for bringing mortal remains and the other for bringing ashes. Presently, it has email-based clearance of applications.
The applicant has to submit scanned copies of four documents:
- death certificate,
- embalming certificate,
- no-objection certificate (NOC) from the Indian Embassy or consulate and
- cancelled the passport of the deceased.
Nodal officers from the Airport Health Organization (APHO) have a duty to check and accept applications from the portal. After the acceptance of the application, the intimation is sent through the portal to the Central International Health Division, Nodal officers, consignees and the airlines. The coordination between all the required facilities providers is made through this portal. It makes the process of repatriation comparatively an easy process.[15]
CONCLUSION
Repatriation of dead remains is a matter involving the emotions and feelings of family members to give a last goodbye to the deceased. This feeling is to be respected, so different countries coordinate with each other to make repatriation possible. Ministry of External Affairs deals with the aspects of return of dead remains. One must keep all possibilities in mind and should enter any country legally with adequate insurance, sponsors etc., so that in case of any mishappening, the repatriation becomes easier. To aid the families in times of such grief, many efforts are taken by the Indian government from time to time such as Community Welfare funds, e-clearance portals etc., so that maximum help can be provided to families.
Author(s) Name: Harmandeep Kaur (University Institute of Legal Studies, Panjab University, Chandigarh)
Reference(s):
[1] Ministry of Tourism, Gov of India, ‘INDIA Tourism Statistics 2023’ (2023)
[2] The Hindu Bureau, ‘Kuwait fire: Mortal remains of 45 Indian migrant workers flown back in IAF aircraft’ The Hindu (New Delhi, 14 June 2024) <https://www.thehindu.com/news/national/kuwait-fire-kerala-pays-respect-to-victims-at-kochi-airport/article68288441.ece> accessed 17 June 2024
[3] ‘QUESTION NO.1677 RETURN OF DEAD BODIES FROM ABROAD’ (Ministry of External Affairs, Gov of India, 11 February 2022) <https://www.mea.gov.in/lok-sabha.htm?dtl/34846/QUESTION+NO1677+RETURN+OF+DEAD+BODIES+FROM+ABROAD#:~:text=Ministry%20of%20External%20Affairs%20Government%20of%20India&text=(a)%20As%20per%20the%20information,list%20is%20given%20at%20Annexure.> accessed 17 June 2024
[4] The Constitution of India 1950, art 21
[5] Parmanand Katara, Advocate v Union of India & Anr [1995] 3 SCC 248
[6] Ramji Singh @ Mujeeb Bhai v State of U.P. & Ors [2009] 5 Alj 376
[7] Geneva Convention Relative To The Protection Of Civilian Persons In Time Of War 12 August 1949, art 130
[8] Inter-Agency Standing Committee’s Operational Guidelines on Human Rights and Natural Disasters, art 6
[9] Dargah Hazrat Mulla Syed v Union Of India & Anr [2024] SC C 1449
[10] TNN,’ Post rules to bring from abroad remains of dead Indians: HC’ The Times of India (16 June 2023) <http://timesofindia.indiatimes.com/articleshow/101789945.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst> accessed 18 June 2024
[11] ‘Transfer of Mortal Remains’ (Ministry of External Affairs, Gov of India) <https://www.mea.gov.in/transfer-of-mortal-remains.htm#:~:text=For%20the%20purpose%20of%20bringing,certificate%20issued%20from%20a%20hospital> accessed 16 June 2024
[12] ‘Dead Body Transportation from Saudi Arabia to India’ (Last journey Blog) <https://www.lastjourney.in/blog/dead-body-transportation-from-saudi-arabia-to-india/> accessed 18 June 2024
[13] ‘8,000+ INDIANS DIE ABROAD EVERY YEAR: HOW TRAVEL INSURANCE CAN HELP’ (ICICI Lombard, 25 September 2018) <https://www.icicilombard.com/blog/travel-insurance/ti/8-000-indians-die-abroad-every-year-how-travel-insurance-can-help> accessed 18 June 2024
[14] ‘Indian Community Welfare Fund (ICWF)’ (Ministry of External Affairs, Gov of India) <https://www.mea.gov.in/icwf.htm#:~:text=The%20Indian%20Community%20Welfare%20Fund,a%20’means%20tested%20basis’> accessed 18 June 2024
[15] PTI, ‘Portal to help transfer of mortal remains of Indians dying abroad to be launched on August 3’ ( The Deccan Herald, 2 August 2023) <https://www.deccanherald.com/india/portal-to-help-transfer-of-mortal-remains-of-indians-dying-abroad-to-be-launched-on-august-3-1243255.html> accessed 19 June 2024
