Court refuses plea to bring back UK citizen’s body; says OCI card and citizenship norms are decisive
The Kerala High Court has held that repatriation of mortal remains cannot be granted solely based on the wishes of legal heirs and must strictly comply with applicable rules, including citizenship requirements.
The case arose from a petition filed by the maternal uncle of a deceased Indian-origin man who had acquired UK citizenship and passed away in England. The petitioner sought directions to repatriate the mortal remains to India.
The deceased had surrendered his Indian passport after obtaining British citizenship and had not applied for an Overseas Citizen of India (OCI) card. When the family approached the Indian Embassy in the UK, authorities insisted on production of either an Indian passport or OCI card, which were unavailable.
The primary issue before the Court was whether repatriation of mortal remains could be permitted in the absence of required citizenship documentation, based solely on the request of relatives.
Justice Bechu Kurian Thomas held that repatriation decisions must be governed by statutory rules and not by the wishes of legal heirs.
The Court observed:
“The transfer of mortal remains cannot be at the wish or desire of any successor or legal heir… eligibility has to be decided primarily on the basis of citizenship as well as relevant rules.”
It emphasised that burial and handling of mortal remains have significant legal implications and must strictly adhere to prescribed procedures.
Rejecting reliance on practices followed by other countries, the Court held that different embassies may adopt distinct guidelines based on legal and geopolitical considerations, and such variation cannot be termed arbitrary.
The Court also noted that the deceased had voluntarily renounced Indian citizenship and had not taken steps to obtain OCI status, weakening the claim for repatriation.
The Court found that the petitioner, being a maternal uncle, was not a direct legal heir and therefore lacked locus to maintain the writ petition, particularly when the deceased’s mother and daughter were alive.
It also held that posthumous communications indicating a desire to return to India carried limited evidentiary value.
Dismissing the plea in Hans Joseph v. Union of India and Ors. (WP(C) No. 10221 of 2026), the Kerala High Court refused to direct repatriation of the mortal remains in the absence of mandatory documentation such as an OCI card.
The ruling underscores that repatriation of mortal remains is a regulated process governed by citizenship laws and embassy guidelines, not personal preferences of relatives.
