Protection for Indian sailors under Merchant Shipping Act

Source: Indlawnews

Any accident including the death or injury to any seafarer of any nationality on board a ship registered in foreign country while the said vessel is on or near the coast of India can be investigated by an officer appointed under section 359 of the Merchant Shipping Act, 1958. During the course of investigation, the vessel or its crew can be detained for the purpose of conducting the investigation. However, if the death is due to any criminal act such as murder, the relevant provisions of the Indian Penal Code/Criminal Penal Code would apply and the Merchant Shipping Act, 1958 does not have any provisions to address such issues.

In cases where an Indian seafarer gets injured and dies on a foreign registered ship while the vessel is at high seas, it is the jurisdiction of the respective flag administration to conduct investigation into the cause of such accident or criminal incident. The Government of India, being a substantially interested state, however, has now also started participating as observer in such investigation wherever possible. Further, whenever feasible, the Indian Embassy/High Commission officials are intimated to investigate the matter in the first port of call in the foreign countries.

The Indian Merchant Shipping Act addresses the subject of protecting interests of Indian sailors in various sections. However, to further strengthen the exiting provisions following additional measures have been initiated by the Directorate General of Shipping.

(i) Recruitment and Placement Rules, 2005 have been notified to regulate various manning agents who employ Indian Seafarers. This notification requires mandatory registration of such manning agents operating out of offices registered in India. This has ensured that manning agents, who employ Indian seafarers on Indian as well as foreign registered vessels, are held accountable to the welfare of such Indian seafarers.

(ii) A psychometric test has been introduced at the entry level of officers in maritime training courses, which will help in determining his/her attitude and aptitude for the sea. It assists in taking corrective measures to mentally prepare for rigours of a life at sea.

(iii) The Directorate General of Shipping has also mad wide publicity in leading newspapers with regard to the recruitment through the registered Recruitment and Placement Shipping Agents for employment in marine sector.

(iv) A new course module has been formulated to sensitize the trainees with regard to rights of seafarers as laid down under the Merchant Shipping (Recruitment and Placement) Rules, 2005 in all Pre-sea Training Institutes.

(v) The matter has also been taken up with the International Maritime Organization (IMO) with regard to consolidating the international conventions with regard to shipping casualty and making the law stringent to bring around the non-responsible flag state to carry out their responsibility.

(vi) MS Notice No. 5 A has been issued by the D.G.S. This notice requires mandatory reporting and plan of action to deal with causalities involving Indian seafarers on foreign flag ships.

This information was given by the Minister of Shipping, Road Transport and Highways, Shri T.R. Baalu in a written reply in the Rajya Sabha today.