Family of seafarer Dixit Solanki, killed in a drone boat attack during the West Asia conflict, has moved the Bombay High Court seeking repatriation of his mortal remains.
The plea says nearly a month after the March 4 attack on the oil tanker MT MKD Vyom, authorities have not provided clear updates.
The family invoked Article 21, arguing they have the right to receive his remains and perform final rites.
West Asia War: Family of Indian Seafarer Killed in Drone Boat Strike Moves Bombay HC
Petition alleges lack of clarity from authorities nearly a month after Indian crew member died in West Asia maritime strike
Summary
The family of a 25-year-old seafarer, killed in a suspected drone boat attack off the Oman coast last month during the West Asia conflict, has moved the Bombay High Court seeking directions to the Union government to bring his mortal remains.
On April 6, a bench led by Chief Justice Shree Chandrashekhar will hear the petition submitted by Dixit Solanki's sister, Mitali, and father, Amratlal. Advocates S B Talekar and Madhvi Ayyappan submitted the plea, which alleges that the authorities are unclear.
In the midst of the ongoing conflict in West Asia, Dixit Solanki was killed on March 4 when an explosive-laden drone boat struck the oil tanker MT MKD Vyom. According to reports, he is the first Indian to die as a result of the maritime tensions in the area.
The Solankis have also requested access to all forensic and investigative records in their appeal.
The Directorate General of Shipping, the Ministry of External Affairs, the Ministry of Ports, Shipping, and Waterways, and V Ships India Pvt Ltd, which is in charge of the ship MT MKD Vyom, are also named in the plea.
According to the petition, the authorities have an obligation to provide the prompt return of the mortal remains to the family because a person's fundamental right to dignity continues even after death.
Additionally, it relied on the legal requirements under marine regulations and standards, which mandate appropriate management and repatriation in cases of maritime fatalities.
"The petitioners have a right to receive the mortal remains of the deceased family member and perform rites guaranteed under Article 21 of the Constitution of India," the plea said.
It added that it has been close to a month since the incident, and Solanki's family members have yet to receive his remains.
"The petitioners have been running from pillar to post to get the correct state of affairs and repatriation of the mortal remains of the deceased for performing his final rites. However, the authorities are just passing the buck from one to another," the plea said.
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Apart from the delay in the handing over of the mortal remains, there has been complete opaqueness and lack of clarity, it added.
"The authorities have in fact not taken any concrete steps to preserve the mortal remains of the deceased," the petition claimed.
It further stated that after sending multiple emails to the vessel's owner, the family was unable to obtain satisfactory responses following the tragedy.
The family only received replies from the company stating that efforts are underway to recover and repatriate the mortal remains.
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