In the Matter of Chelakara Ramaswamy v Union of India, The appeal was submitted in relation to the Standard Operating Procedure that must be followed for the exportation of Indian employees’ and visitors’ mortal remains. Normally, all Indian Missions/Posts coordinate with the family of the deceased for the shipment of the mortal remains in the case of Indian tourists. The responsible Mission and the Ministry of External Affairs make the necessary preparations when there are unusual resource shortages, frequently using the Indian Community Welfare Fund that the Mission created. When a worker dies, the insurance provider, the employer, and any other relevant parties coordinate as necessary, and the Indian Mission closely supervises the whole process.
Observation of the Court
The Ministry of External Affairs was ordered to make available Standard Operating Procedures and Guidelines pertaining to the Transportation of Mortal Remains of Both Indian Tourists and Indian Workers Abroad by a division bench of Justices Najmi Waziri and Sudhir Kumar Jain, of the Delhi High Court.
The Court stated that the Standard Operating Procedures and the Guidelines on the Indian Community Welfare Fund created in Indian Missions/Posts Abroad shall be generally available and accessible to the general public. The SOP and Guidelines must be prominently displayed and easily accessible on MEA’s website, if they are not already, within a week of receiving a copy of the ruling, according to the Court’s directive.
CASE NAME – Chelakara Ramaswamy v Union of India, LPA 584/2018