Indians Died In Russia-Ukraine War : Supreme Court Directs MEA To Aid Families To Bring Mortal Remains & Claim Compensation

The Supreme Court today directed the Union of India to carry out DNA profiling so as to bring back and hand over to the concerned families the dead bodies of Indian nationals who died fighting the Ukraine war as part of Russian Forces.

A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was dealing with a writ petition filed by the family members of 26 Indians, who were allegedly forced into the Russian-Ukraine war after they went to Russia in search of job opportunities.

As per allegations, when these nationals went to Russia, their passports and identity documents were illegally seized and they were forced to join the Russian Forces. Most of some of them died in the line of fire during the Russia-Ukraine war. Due to lack of verification, payment of requisite compensation to their families and bringing back of their mortal remains is pending.

Earlier, the Court had sought the response of the Union Government in the matter. In April, the government told the Court that 10 out of the 26 Indian nationals died fighting the war and most of them fought Ukraine as part of Russian Forces based on voluntary contracts (although some may have been misled by agents). The Court was also informed that the government was in touch with the families of the concerned citizens and was pursuing a multi-pronged approach to address the issues.

The petitioners however claimed that the government had not contacted them and the bodies being returned were unidentifiable. Further, allegations qua human trafficking were raised and the issue of the government not collecting DNA sample (for matching and verifying the dead bodies coming from Russia to India) flagged.

Today, the petitioners' counsel prayed that the Ministry of External Affairs hold a meeting with the petitioners (affected families). He again alleged that DNA profiling of the bodies was not being done and the families had no way to be sure that the bodies returned to them were of their family members.

Additional Solicitor General Aishwarya Bhati however refuted the contentions, underlining that some of the families had denied giving their DNA sample and the request for bringing back a body had to be initiated from their end, so that the government could claim bodies from Russia.

The ASG also alleged that the petitioners' counsel was posting videos on social media in connection with the case.  

The Court ultimately directed that the MEA appoint a nodal officer to communicate with the families. The following directions were issued -

(i) The MEA shall notify a nodal officer whose details and contact number shall be provided to the family members of the deceased/injured Indian nationals who had gone to Russia,

(ii) In the event of casualties, the MEA shall arrange DNA test of mortal remains with family members for identification of the dead bodies. Upon doing such exercise, alongwith a certificate of DNA test, the dead body shall be handed over to the family members,

(iii) A complete set of procedure to file compensation claims with the Russian authorities, alongwith other necessary documents, be supplied to the family members. The families may submit their claims with the Russian authorities through the MEA. However pendency of such claims shall not be a ground to delay the cremation or handing over of mortal remains. That should be separately expedited,

(iv) Legal Services Authority to provide free legal aid to the affected families for submission of claims and conduction of DNA test.

After the order was dictated, the ASG informed the court that out of 219 Indian nationals who were in the Russian forces, 139 were discharged. 51 were reported as ded/missing, out of which mortal remains of 29 have been brought back.

Case : DIVYA v. UNION OF INDIA W.P.(C) No. 451/2026