Court holds Union of India statutorily bound under Merchant Shipping Act, 2025 and Maritime Labour Convention, 2006 to arrange replacement crew, ensure disembarkation and recover expenses from shipowner as maritime claim.
In a landmark judgment dated October 6, 2026, the Orissa High Court, presided over by Mr. Justice R.K. Pattanaik, has directed the Union of India and concerned port authorities to take immediate action to repatriate the crew of the vessel MT Unity, which has been abandoned at Paradip Port since May 2026. The writ petition was filed by Mr. Istyagin Evegeny Nikolaevich, the Master of the vessel, representing the 22 stranded foreign crew members, all of whom have been left unpaid and without adequate provisions following the arrest of the ship in admiralty proceedings.
The Court meticulously examined the facts and legal provisions under the Merchant Shipping Act, 2025, the Maritime Labour Convention (MLC), 2006, and Article 21 of the Indian Constitution, which guarantees the fundamental right to life with dignity. It was held that despite the crew members being foreign nationals, they are entitled to humane treatment and protection under Indian law, including the right to repatriation from an abandoned vessel.
The vessel MT Unity, flying the flag of Cameroon/Sierra Leone, was arrested by the Court on May 11, 2026, as security for maritime claims. The owner and charterer failed to maintain the vessel, pay wages, or provide basic necessities, resulting in the crew being stranded without support. The vessel was subsequently listed in the ILO-IMO Joint Database of Abandoned Seafarers, confirming the abandonment status under international norms.
Critically, the Court emphasized that under Section 92 of the Merchant Shipping Act, 2025, the Central Government is obligated to arrange for replacement crew and bear the costs if the shipowner fails to do so. This expenditure can be recovered as a maritime claim from the shipowner or the vessel's sale proceeds. Furthermore, Sections 304 and 311 empower the Central Government to intervene in cases where the vessel is without nationality or abandoned near Indian coastal waters, ensuring safety, security, and pollution prevention.
The Court rejected submissions that the responsibility for repatriation rests solely with the shipowner or insurer, noting that insurers indemnify losses but do not manage crew replacement or repatriation. The judgment pointed out that delays in settling maritime claims should not indefinitely deprive seafarers of their fundamental rights. It also highlighted precedents from the Supreme Court and various High Courts affirming the application of Article 21 to foreign nationals stranded in Indian jurisdiction.
The Court ordered the Union of India and associated agencies to facilitate the disembarkation and repatriation of the Master and crew members within three weeks from receipt of the judgment. It further mandated arranging a replacement crew to maintain the vessel's safe operation during and after the repatriation process. The cost incurred in these arrangements is to be treated as a recoverable debt enforceable as a maritime claim.
This judgment reinforces India's commitment as a signatory to the Maritime Labour Convention, 2006, ensuring protection for seafarers within its jurisdiction and setting a precedent for prompt intervention in abandonment cases. It underscores the legal and humanitarian obligations of the State to protect the rights and dignity of foreign seafarers stranded in Indian waters.
Bottom Line:
Merchant Shipping Act, 2025 - Abandoned vessel - Foreign seafarers stranded on arrested vessel at Paradip Port - Union of India held bound under Sections 92, 304 and 311 of Act, Maritime Labour Convention, 2006 and Article 21 of Constitution to arrange replacement crew, facilitate disembarkation and repatriation of crew members and recover expenses from shipowner as maritime claim.
Statutory provision(s):
Merchant Shipping Act, 2025 Sections 3(1), 3(2)(d), 3(2)(e), 91, 92, 304, 311; Maritime Labour Convention, 2006; Article 21, Constitution of India
Istyagin Evegeny Nikolaevich v. Union of India, (Orissa) : Law Finder Doc Id # 2995537
