Kerala High Court Denies Repatriation Of Indian-Origin UK Citizen's Mortal Remains For Want Of OCI Card

The Kerala High Court has made it clear that the decision regarding repartriation of mortal remains is decided on the basis of rules and not at the wish or desire of the successor or legal heir of the deceased.Justice Bechu Kurian Thomas observed:“The transfer of mortal remains cannot be at the wish or desire of any successor or legal heir of a person, though the same can certainly be a relevant consideration. Eligibility to transfer the mortal remains of a dead person has to be decided primarily on the basis of citizenship as well the relevant rules in force. Since burial of a dead body has serious and numerous legal implications, it has to be done on the basis of relevant rules.”The plea before the Court was preferred by the maternal uncle of a man, who had died in United Kingdom, seeking directions for repatriation of his nephew's mortal remains to India. In 2016, the deceased had gone in England after his divorce and started working there. He even acquired a UK citizenship and got remarried to a Filipino citizen.After the death of his nephew, though steps were initiated to repatriate the body, it was realized that a No Objection Certificate was needed from the Indian Consulate. Accordingly, application was made to the Indian Embassy at UK but they insisted on the production of Indian Passport or Overseas Citizen of India (OCI) card. However, these were not available.The petitioner submitted that Indian passport was surrendered on acquiring UK citizenship and British passport. It was pointed out that though no OCI card was taken, the deceased was eligible to apply for the same. He told that since the deceased's mother and daughter were in India, the mortal remains must be brought here.The petitioner had also produced an email of the deceased's wife that indicated the deceased's desire to come back and settle in Kerala. Since Consulate refused permission due to absence of OCI card, the petitioner approached the High Court.The Union government filed statement to the effect that the eligibility criteria for repatriation of mortal remains of a foreign national mandates production of a valid OCI/PIO (Person of Indian Origin) card. It was also pointed out that the deceased had voluntarily renounced his Indian citizenship and never applied for an OCI/PIO Card in the span of 10 years.The Court remarked that there was no document to indicate that the deceased intended to bring back his mortal remains to India since he had not even applied for an OCI card. It also found that the email communication from his wife cannot have much value since it was communicated much after his death.The Court also refused to accept the contention of the petitioner that since Singaporean law permits repatriation without OCI if the person is of Indian origin, the same can be applied here.“Every embassy has the discretion to frame their own guidelines regarding a matter, taking into consideration relevant laws, geopolitical relationship and other appropriate factors associated with the host country. Such consideration can be different for different countries. The difference in the country can be an intelligible differentia to provide for a varied prescription. Such differing parameters between Indian Consulates of differing countries cannot be said to be arbitrary especially when it relates to a person who had acquired citizenship of another country,” the Court remarked.The Court also took note of the fact the petitioner was not a legal heir of the deceased and observed that he has to right to maintain the writ petition, especially since the deceased's mother and daughter were alive.Thus, the Court dismissed the plea.Case No: WP(C) No. 10221 of 2026Case Title: Hans Joseph v. Union of India and Ors.Citation: 2026 LiveLaw (Ker) 208Counsel for the petitioner: Vinay Mathew JosephCounsel for the respondents: O.M. Shalina - Deputy Solicitor General Of IndiaClick to Read/Download Judgment

Kerala High Court Denies Repatriation Of Indian-Origin UK Citizen's Mortal Remains For Want Of OCI Card

K. Salma Jennath

Transfer of mortal remains can't be at the desire of legal heir; burial has serious implications and has to be done as per rules, Court said.

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