Delhi HC allows repatriation of mortal remains of British citizen of Indian origin

New Delhi: The Delhi High Court has paved the way for the repatriation of the mortal remains of a British citizen of Indian origin who wished to be buried next to his grandparents in his native place Hyderabad.

The deceased's father approached the high court challenging the decision of the Consular section of the High Commission of India in London refusing to grant a No Objection Certificate (NOC) for the transfer of mortal remains as the deceased did not possess an Overseas Citizen of India (OCI) card at the time of his death in Chertsey, United Kingdom, last month.

Directing issuance of the NOC, Justice Sanjeev Narula observed that the guidelines governing such matters laid emphasis on the deceased being a person of Indian origin, a fact already confirmed in the present case through documents placed on record.

The petitioner, an Indian citizen, showed that the deceased initially held an Indian passport which affirmed his Indian origin.

The court further said there was a "discrepancy" in the rules of different Indian High Commissions, with the Indian High Commission in London mandating an OCI card for the repatriation of mortal remains, while other Missions having no such stringent requirements, which suggested arbitrariness in the application of these rules.

"Such an inconsistent application of policy, without transparent, rational justifications, contravenes Article 14 of the Constitution of India, which ensures equality before the law and equal protection of the laws within the territory of India.

"Consequently, the insistence by the High Commission in London on an OCI card, unjustifiably discriminates against the petitioner's rights to repatriate his son's remains in a manner respectful of his familial and cultural ties," said the court in a recent order.

"A mandamus is issued directing Respondent No. 1 to issue a No Objection Certificate to Petitioner's daughter-in-law for transfer of mortal remains of the deceased from the United Kingdom to Hyderabad," it directed.

The petitioner argued that repatriation of mortal remains was a vital consular service, deeply intertwined with human dignity and familial rights, and should not variably depend on any specific identity documentation such as an OCI card, especially when there is an Indian origin or connection.