The Ministry of Home Affairs (MHA) has issued a crucial clarification regarding the repatriation of human mortal remains to India, addressing concerns about airlines refusing to transport remains in cases where the deceased’s original passport is unavailable.
In an official circular, the Ministry’s Foreigners Division (OCI Section) clarified that human mortal remains should not be treated as regular passengers under the Immigration and Foreigners Act, 2025, and therefore do not require immigration clearance.
The circular highlights that airlines have recently refused to transport mortal remains to India when the original passport of the deceased could not be produced, despite the issuance of a No Objection Certificate (NOC) by the concerned Indian Mission abroad.
The Ministry explicitly states that such refusal is unnecessary and contrary to procedure, “Human mortal remains cannot be treated as ‘passenger’ under section 19 of the Immigration and Foreigners Act, 2025, as these are treated as Cargo. No immigration clearance is required for such human mortal remains.”
Accordingly, the non-availability of an original passport cannot be considered a violation of immigration laws.
The MHA has advised all airlines operating international services to India to accept human remains for transport based on the NOC issued by Indian Mission/Post abroad when passport is unavailable for valid reasons; Compliance with required health and customs clearances; and Original or cancelled passport should not be insisted upon.
Airlines may present the passport details or NOC on arrival to immigration authorities, who will then update official records.
Human remains are considered cargo, not passengers, under Indian law. Original passport is not mandatory if a valid NOC is issued. Airlines are required to accept mortal remains based on NOC + required clearances. No immigration violation arises from repatriation without a passport. The clarification comes with the approval of the competent authority.
The circular was issued by G. Muthuraja, Director (OCI), Ministry of Home Affairs, and is addressed to the Directorate General of Civil Aviation (DGCA) and the Bureau of Immigration.