Family of Indian Seafarer Killed in Missile Attack Moves Bombay High Court
In a heart-wrenching development, the family of Dixit Solanki, a 32-year-old Indian seafarer who lost his life in a suspected missile attack on the merchant vessel MKD Vyom off the Oman coast on March 1, has approached the Bombay High Court. Amratlal Solanki, aged 64, and Mitali Solanki, aged 33, the father and sister of the deceased, have filed a petition alleging significant inaction by the Central government in repatriating his mortal remains to India.
Legal Proceedings and Government Response
The plea, which seeks urgent redressal for the family's grievances, is scheduled to be heard on Monday, April 6, before a division bench led by Chief Justice Shree Chandrashekhar. Dixit Solanki, who served as an oiler in the engine room of the vessel, is believed to be the first Indian casualty in the ongoing conflicts in West Asia, highlighting the grave risks faced by seafarers in volatile regions.
When contacted for comment, an official from the Directorate General of Shipping stated, "We are coordinating to bring back the remains of Late Shri Dixit to India on priority." However, the petition paints a contrasting picture of delays and bureaucratic hurdles.
Allegations of Delay and Inaction
The petition details that multiple representations were made to various authorities, including the President and the Prime Minister, urging immediate intervention for the recovery and repatriation of the mortal remains. On March 24, the ship captain specifically requested the DG Shipping to seek assistance from the Indian embassy in the UAE to issue a death certificate and facilitate the repatriation process.
According to the petition, filed through advocates SB Talekar and Madhavi Ayyapan, there was a considerable delay of 23 days on the part of authorities in the UAE, exacerbating the family's distress. The document further reveals that on March 4, Amratlal lodged a written complaint with the Sailors' Union of India against the shipping company, accusing it of a "non-responsive attitude" towards his concerns.
Communication Breakdown and Recovery Efforts
On March 30, the Recruitment and Placement of Seafarers informed Solanki's father that they had been persistently following up with the Indian embassy in the UAE, but unfortunately, no response had been received from the embassy at that time. The petition also notes that the Head of Chancery and Consul at the Consulate General of India in Dubai informed the petitioners for the first time on March 17 that information had been received from the shipping agency.
This communication indicated that after several attempts over the preceding days, a team had managed to recover Dixit Solanki's skeletal remains. The shipping agency was expected to hand over the recovered remains to Sharjah Police for necessary formalities to issue the death certificate, but as per the petition, no further progress was made, leaving the family in limbo.
Constitutional Concerns and Family Rights
The petition raises a critical question regarding the denial of the family's right to receive the mortal remains of their loved one and perform last rites, which are guaranteed under Article 21 of the Constitution of India. This legal challenge underscores the broader issues of consular support and timely assistance for Indian nationals abroad, especially in conflict zones.
As the case moves forward in the Bombay High Court, it highlights the urgent need for efficient governmental mechanisms to handle such tragic incidents, ensuring that families are not subjected to additional suffering due to procedural delays.
