Family Seeks Justice as Bombay High Court to Hear Plea on Repatriation of Sailor's Remains
In a heart-wrenching case, Amratlal Solanki (64) and his daughter Mitali Solanki (33) have approached the Bombay High Court, alleging inaction by the Central government in repatriating the mortal remains of their son and brother, Dixit Solanki (32). Dixit, a seafarer, was killed in a suspected missile attack on the merchant vessel MKD Vyom off the coast of Oman on March 1. The family's plea for redressal is scheduled to be heard on Monday, April 6, before a division bench led by Chief Justice Shree Chandrashekhar.
Details of the Tragic Incident and Alleged Delays
Dixit Solanki, who worked as an oiler in the engine room, is believed to be the first Indian casualty in the ongoing conflict in West Asia. The petition filed through advocates SB Talekar and Madhavi Ayyapan outlines a series of frustrating delays and bureaucratic hurdles faced by the family in their quest to bring Dixit's remains home.
The petition states that multiple representations were made to various authorities, including the President and the Prime Minister, seeking immediate intervention for the recovery and repatriation of the mortal remains. On March 24, the ship captain requested the Directorate General of Shipping to seek assistance from the Indian embassy in the UAE to issue a death certificate and facilitate repatriation. However, the petition highlights a considerable delay of 23 days on the part of authorities in the UAE, further exacerbating the family's distress.
Family's Efforts and Government Response
On March 4, Amratlal lodged a written complaint with the Sailors' Union of India against the shipping company, citing its non-responsive attitude towards his grievance. Later, on March 30, the Recruitment and Placement of Seafarers informed Solanki's father that they had been constantly following up with the Indian embassy in the UAE, but unfortunately, no response had been received from the embassy.
In a communication from the Head of Chancery and Consul at the Consulate General of India in Dubai, the petitioners were informed for the first time that information was received from the shipping agency on March 17. After several attempts, the team had managed to recover Dixit's skeletal remains. The shipping agency was expected to hand over the remains to Sharjah Police for necessary formalities to issue the death certificate, but no progress was made, according to the petition.
Constitutional Concerns and Legal Implications
The petition raises a critical question: Can the petitioners be denied the right to receive the mortal remains of their deceased family member and perform last rites, a right guaranteed under Article 21 of the Constitution of India? This legal challenge underscores the broader issue of government accountability in consular services during international crises.
When contacted, an official from the office of the Directorate General of Shipping stated, "We are coordinating to bring back the remains of Late Shri Dixit to India on priority." Despite this assurance, the family's experience points to systemic delays and communication gaps that have prolonged their agony.
As the Bombay High Court prepares to hear this case, it brings to light the urgent need for swifter and more efficient mechanisms in handling such tragic incidents involving Indian nationals abroad. The outcome of this hearing could set a precedent for future cases, emphasizing the importance of timely government action in repatriation processes.
