New Delhi: Observing that the right to seek compensation has to be enforced, the Supreme Court Wednesday asked the Ministry of External Affairs to consider issuing a public notice inviting families of Indians who have died while fighting in the Russia-Ukraine war to seek assistance and compensation.
The Ministry of External Affairs (MEA), in its latest status report, apprised a bench comprising Chief Justice Surya Kant and Joymalya Bagchi that 51 Indians who fought the war have died and 77 recruits remain untraced so far.
The top court asked the MEA to file a fresh status report giving details of exact compensation given by the Russian government to six families whose members died in the war zone there.
The direction to this effect was passed after Additional Solicitor General Aishwarya Bhati, appearing for the Centre, said that so far six compensation claims have been processed by the Russian government. She added that five compensation claims have been satisfied fully and one partially.
The bench said that the right to seek compensation accrues to the families of all 51 persons who unfortunately lost their lives there.
It also asked the District Legal Services Authorities of Rajasthan, Punjab, Haryana and Himachal Pradesh to comply with its earlier direction to provide free legal aid to the aggrieved families for “submission of claims and/ or conducting of DNA test, apart from other necessary legal/ administrative formalities which are required to be completed by them”.
ASG Bhati informed the bench that approximately 267 Indians had joined the Russian armed forces, of whom 51 had died, and 139 had been discharged from military service.
The Indian embassy in Russia is pursuing the whereabouts of 77 recruits, including seven whom Russian authorities have confirmed as missing.
The bench took note of the MEA’s submission that officials were contacting the affected families individually and expected the authorities to facilitate their compensation claims.
It also considered the difficulties in securing compensation from Russia, delays in DNA-based identification and the repatriation of mortal remains.
The additional solicitor general told the bench that all possible efforts were being made to assist the families.
“Ultimately, our diplomatic and consular efforts will help,” Bhati submitted, adding that Russian authorities had been cooperating and the government would continue to pursue requests to simplify the process.
The bench also examined the case of one Sikandar Singh who was sentenced to eight years’ imprisonment in Russia in a molestation case.
The bench was urged to ask the MEA to explore the possibility so that he can be shifted to an Indian jail to serve the remainder of the sentence.
The law officer said that for this, Singh will have to withdraw his appeal against conviction from an appellate court there.
The petitioners also sought action against agents allegedly involved in recruiting Indians for the Russian armed forces through false promises of employment.
At the outset, the law officer said that a nodal officer has been appointed in pursuance of an earlier order.
On July 31, the top court had directed the Centre to appoint a nodal officer in the MEA to coordinate with the families of those who have died, gone missing or suffered injuries while fighting in the Russia-Ukraine war.
It had also directed the MEA to facilitate DNA matching of family members with the mortal remains. The bench was hearing a plea pertaining to Indian nationals recruited into the Russian military after being allegedly duped by travel agents.
The plea seeks return of mortal remains, compensation and a coordinated mechanism for the affected families.
The bench, in its order, noted that over 200 people, mostly hailing from Rajasthan, Haryana and Punjab, had gone to Russia in 2024-25 for working in different sectors, including hospitality.
The bench said it was alleged that they were duped by travel agents and their passports and other documents were seized on reaching Russia.
It further noted that they were enrolled in the Russian Army and sent to war zones.
“Unfortunately, many lost their lives, and after due verification, mortal remains of many have been brought to India,” the bench said, adding that many families are yet to be paid compensation.
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