London, 2 Aug

British families, waiting for the remains of relatives aboard the London-bound Air India 171 plane that crashed soon after takeoff from Ahmedabad airport, are expecting confirmation on DNA matches after high-level India-UK government talks, their legal team has said.

Keystone Law, which has been working with aviation experts to assist many of the families who lost loved ones in the 12 June crash, called for urgency in the process this week.

During Prime Minister Narendra Modi’s UK visit last week, Downing Street had confirmed that Prime Minister Keir Starmer had discussed the Air India plane crash during their bilateral talks against the backdrop of UK media reports of mislabelling of some remains repatriated to Britain.

“The UK and Indian governments have held high-level talks, as a result of the international media coverage of this problem,” said James Healy-Pratt, Aviation Partner at Keystone Law.

“It is believed that some matched DNA remains may now have been located in India. Confirmation is awaited,” he said.

The 241 passengers and crew who died in the disaster included 52 British nationals, with two out of 12 caskets repatriated to the UK for last rites found to be incorrectly identified.

The Ministry of External Affairs (MEA) had responded to the UK reports to stress that “all mortal remains were handled with utmost professionalism and with due regard for the dignity of the deceased”.

“We are continuing to work with the UK authorities on addressing any concerns related to this issue,” the MEA's official spokesperson said in a statement last month.

Asked to estimate the scale of the issue, Keystone Law said of a sample of 12 caskets repatriated from India to the UK, two were “mislabelled, mishandled and misidentified”.

“Extrapolated out – with an unacceptable error rate of 15 per cent, that would suggest 40 sets of remains may have been mislabelled, mishandled and misidentified. That is a known unknown, and many of the families’ loved ones have been cremated already,” said Healy-Pratt.

Last month, an inquest into the deaths of some of the British passengers was opened and adjourned in London, with the process of identification overseen by the Senior Coroner under UK procedures.

It came as a preliminary report by the Indian Aircraft Accident Investigation Bureau (AAIB) found that fuel to both engines appeared to have cut off shortly after takeoff.

The engines tried to restart, but it proved too late to prevent the Boeing 787 Dreamliner aircraft from crashing into Ahmedabad’s BJ Medical College, claiming 19 lives on the ground.

Keystone Law called for further clarity about the transitioning of the fuel cutoff switches, and which voice was saying what on the excerpts of the Cockpit Voice Recorder.

“The Indian AAIB has this evidence, and has for unexplained reasons not shared this detail with the families of AI 171. The Indian AAIB cannot complain of further speculation when evidence in its possession is not released to the families on a transparent basis,” said Healy-Pratt.

The aviation lawyer also called for further details around reports of compensation being considered for impacted families by the Tata Group, owners of Air India.

Healy-Pratt said: “There is talk of TATA setting up a Rs 500 crore fund for all the AI 171 families – which will provide ex gratia support (legally a gift and separate and apart from any Court ordered compensation against Air India, or indeed Boeing) of a minimum of Rs 1 crore per loved one lost.

“Families deserve to get details of that support urgently, as legal proceedings take time in India, England, and the United States.”

The UK’s Air Accidents Investigation Branch (AAIB) has "expert status" in the Indian safety investigation and has said it is reviewing the findings of the preliminary report released one month on from the crash, on 12 July.

The UK-based families who lost loved ones in the crash have previously also called for a mechanism of expert representation in the India-led investigatory process into the plane crash.