Answer By law4u team
Ship desertion, or abandonment of a ship, occurs when a vessel is left without adequate crew or proper care by its owner or operator. This creates significant legal challenges, including the welfare and repatriation of the abandoned crew and the liability of ship owners. In India, maritime law addresses ship desertion through various regulations that balance the interests of ship owners and crew members.
Legal Framework for Ship Desertion in India
Indian Merchant Shipping Act, 1958
The Indian Merchant Shipping Act, 1958 governs maritime operations in India, including issues related to crew welfare, abandonment, and ship desertion. Section 383 of the Act specifically addresses desertion, providing the legal framework for repatriation, penalties, and enforcement.
Section 383 mandates that ship owners must ensure the safe repatriation of crew members if the ship is abandoned or if they are left without support due to desertion.
The Act also empowers authorities to take action against ship owners who fail to meet their obligations concerning abandoned vessels and crews.
Repatriation of Crew
Under Indian maritime law, when a ship is abandoned or deserted, the owner is legally obligated to repatriate the crew back to India at the owner’s expense. Failure to do so results in legal penalties against the ship owner.
The International Labour Organization (ILO)'s Maritime Labour Convention (MLC), 2006 provides guidelines on the repatriation of seafarers, ensuring their return to their home country in case of abandonment.
The Indian Government works with the Directorate General of Shipping (DGS) to facilitate the repatriation process.
Desertion Penalties for Crew Members
If a crew member deserts a ship without lawful cause, they are subject to penalties under the Indian Merchant Shipping Act, which may include fines or imprisonment.
Desertion is considered a serious offense as it jeopardizes the safety of the ship and the remaining crew. A seafarer found guilty of desertion may face criminal charges, including imprisonment for up to two years or a fine, as per Section 38 of the Indian Merchant Shipping Act.
Ship Owner’s Responsibility in Desertion Cases
- Liability for Non-Compliance: Ship owners are obligated to ensure that their vessel is properly manned and that the crew is paid and treated fairly. In the event of ship desertion, owners are required to bear the financial burden of repatriation.
- Desertion of Crew: If the ship owner abandons a vessel, Indian law allows the Maritime Board to take possession of the ship and auction it to recover any dues or costs associated with its abandonment. The owner may also face penalties under MARPOL and other environmental laws if the ship is abandoned in such a way that it causes pollution or harm to the marine environment.
Port State Control (PSC) and Inspections
Indian ports and maritime authorities conduct regular inspections of ships to ensure compliance with maritime regulations, including those related to crew welfare. If a vessel is found to have deserted its crew, PSC authorities can impose restrictions, fines, or seize the vessel.
Port State Control Officers (PSCOs) are empowered to detain the vessel if they find that the crew's rights under the MLC or Indian laws are being violated due to desertion.
International Maritime Regulations and Conventions
India, being a member of the International Maritime Organization (IMO) and a signatory to the International Labour Organization’s Maritime Labour Convention (MLC), 2006, follows international guidelines for ship abandonment and desertion. The MLC ensures that seafarers are treated fairly and provided for, even in cases of abandonment.
The IMO’s Protocol on Shipowner Liability covers the responsibilities of shipowners when a vessel is abandoned, ensuring that the crew is not left stranded without financial or logistical support.
Enforcement and Penalties
- If a ship owner fails to comply with repatriation obligations or abandons the vessel without proper care, the Indian Government can take legal action, including fines, ship detention, or even criminal charges against the owner.
- Under Section 412 of the Indian Merchant Shipping Act, the ship owner may face the confiscation of the ship or substantial fines for abandoning the crew or vessel without proper care.
Example
An Indian-flagged cargo vessel sails from Mumbai to Singapore but suffers financial distress in international waters. The ship owner abandons the vessel and ceases communication with the crew. As a result, the crew is left stranded on the ship without food, water, or medical supplies.
The crew contacts the Indian Directorate General of Shipping (DGS) for assistance. The Indian authorities intervene, and the ship is located. The owner is found in breach of the Indian Merchant Shipping Act and MLC, 2006 guidelines. The owner is fined, and the crew members are repatriated at the owner's expense. The vessel is detained in Indian waters until the owner complies with all legal obligations.
