Warning for NRIs: Kerala HC clarifies strict rules for repatriation of foreign citizens

KOCHI: The Kerala High Court recently clarified that the body of a deceased person of Indian origin can be repatriated to India only if the individual held a valid Indian passport or an Overseas Citizen of India (OCI) card. The court emphasised that the wishes of relatives alone are insufficient, as citizenship laws and international regulations must be strictly followed.

Justice Bechu Kurian Thomas issued the order while dismissing a petition filed by Hans Joseph, a native of Kottayam. Joseph had sought a court order to repatriate the remains of his nephew, Joby Thomas, who passed away in England on February 6.

Background of the Case

• Life and Citizenship: Joby Thomas was born, raised, and married in Kerala. Following a divorce, he moved to England and officially acquired British citizenship in 2016, subsequently renouncing his Indian passport.
• Legal Status: Although Joby Thomas was of Kerala origin, he had never applied for an OCI card after becoming a British citizen.
• The Conflict: Joby Thomas’s mother and daughter currently reside in Kerala. His current wife, a foreign national, provided an email stating that Joby Thomas had expressed a wish to be returned to Kerala. However, the Indian Consulate denied the request for a No Objection Certificate (NOC).

The Central Government informed the court that an Indian passport or OCI card is a mandatory requirement for the repatriation of remains. In his judgment, Justice Bechu Kurian Thomas noted:

"The mere desire of relatives to bring the body back to India does not override the necessity of adhering to citizenship and statutory rules."

Because Joby Thomas had voluntarily surrendered his Indian citizenship and lacked the necessary OCI documentation, the court ruled that the Consulate was within its rights to deny the NOC. This decision highlights the critical importance for expatriates to maintain updated OCI status if they wish for their remains to be returned to their home country.