Kochi: The Kerala High Court has stayed the order issued by the airport health officer, Calicut International Airport, insisting that the approval of the health officer should be taken 48 hours before a body is brought to India from Gulf countries. The court issued the interim order on a petition filed by Dr Hanil Sajjad, manager, Abudabi Universal Hospital, seeking to quash the circular mandating prior permission for bringing bodies. "In the light of the drastic changes that are proposed to be introduced, the court deems it appropriate to stay the operation of the circular insisting 48 hours’ notice for approval," the court held.
The authorities are free to insist on 12 hours’ prior notice for the purpose in tune with the draft rules, till the matter is finalised by the court. The circular mandates four certificates - death certificate, embalming certificate, no-objection certificate (NOC) from the Indian high commission of the country concerned and cancelled copy of the passport of the deceased. These four certificates should be provided 48 hours before the arrival of the mortal remains, either online or in person at the Airport Health Office (APHO). The cause of death should be mentioned on the death certificate to avoid the possibility that death is not due to a contagious disease or other diseases notified by international health organisations, the order said.
The petitioner argued that the circular is inhuman which treated the body as a hazardous object. The same will cause hardship to the relatives. The Assistant Solicitor-General opposed the plea and informed that the circular was issued in tune with Rule 43 of the Airport (Public Health) Rules 1954. The government of India has now decided to replace the rules for the purpose of improving the procedures prescribed for importing the mortal remains of Indian citizens in tune with the constitutional scheme. The centre also produced the draft of the Rules to be introduced by the centre government. The new rules only insisted on the approval 12 hours prior to the importing of the body. The rules have not come into effect, the government said.
