What Laws Protect Indian Seafarers Working in Conflict Zones?

UPSC Syllabus: Gs Paper 3- Indian Economy

Introduction

Conflicts in West Asia and the Black Sea have made shipping more dangerous, exposing merchant crews to attacks, injury and death. The risks are especially important for India, a major supplier of seafarers who work aboard foreign-flagged vessels. Their protection raises questions about the reach of Indian law, the duties of flag states, international rules governing navigation and armed conflict, and the government’s ability to provide assistance.

Current Status of Indian Seafarers

1. India’s Global Seafaring Workforce: According to the BIMCO-ICS Seafarer Workforce Report 2026, India has 311,936 seafarers, accounting for 12.16% of the global workforce, making it the world’s second-largest supplier after the Philippines.
2. Workforce Composition: India has 140,718 officers and 171,218 ratings, accounting for 13.41% and 11.29% of their respective global categories.
3. Growing Global Demand: The global merchant fleet employs around 2.57 million seafarers and may require an additional 113,735 officers by 2030, creating opportunities for India to expand its workforce.
4. Mission 20% Target: India aims to raise its share of the global seafaring workforce to 20% under Mission 20%, making seafarer safety and welfare increasingly important.

Major Challenges in Protecting Indian Seafarers

1. Attacks on Merchant Vessels: Armed conflicts expose commercial ships to missiles, drones and other attacks. 11 Indian crew members were among 12 people injured when the Panama-flagged MT On Peace was hit in the Strait of Hormuz.
2. Deaths and Missing Seafarers: In 57 incidents linked to conflicts in West Asia and the Black Sea over three months, 15 Indian seafarers were killed and two remained missing, showing the serious human cost of maritime insecurity.
3. Foreign-Flagged Vessel Jurisdiction: Many Indians work on vessels registered in countries such as Panama, Liberia and the Marshall Islands, making protection more complicated because these ships generally fall under their flag states’ jurisdiction.
4. Disruption of Strategic Shipping Routes: The Strait of Hormuz carries major energy supplies, while the Black Sea supports grain and commodity trade; rerouting increases voyage times, insurance premiums and transportation costs.
5. Uncertainty During Armed Conflict: A vessel’s legal status may depend on its cargo, conduct and links to parties in a conflict, while attacks may occur before authorities establish the relevant facts.
6. Limits of Naval Protection: The Indian Navy cannot escort every commercial vessel carrying Indian citizens, and military escorts in active conflict zones may create diplomatic and security complications.

Legal Framework for Seafarer Protection

1. Merchant Shipping Act, 2025

• Scope and Applicability: The Act replaced the Merchant Shipping Act, 1958, and came into force on 15 March 2026, providing the domestic framework for the safety, welfare and employment of seafarers, primarily on Indian-registered vessels.
• Right to Repatriation: Section 67 provides for repatriation without cost to seafarers in prescribed circumstances, while shipowners of Indian vessels must maintain financial security to support their return.
• Protection of Abandoned Seafarers: The Act allows an Indian ambassador near the place of abandonment to arrange a seafarer’s return to a proper port and necessary maintenance, with the costs recoverable from the shipowner.

2. Maritime Labour Convention, 2006

• Minimum Labour and Welfare Standards: The Maritime Labour Convention (MLC), 2006, adopted by the International Labour Organisation (ILO), establishes minimum standards for wages, employment agreements, working hours, accommodation, food, medical care, occupational safety and complaint procedures.
• Protection Relating to War Zones: Under the MLC framework, repatriation provisions cover specified circumstances, including when a ship is bound for a war zone that a seafarer does not consent to enter, subject to applicable legal requirements..
• Limits of Protection: The Convention establishes labour and welfare standards but does not guarantee physical protection against missiles, drones or other military attacks.

3. International Maritime Law: UNCLOS and International Humanitarian Law

• Navigation Rights under UNCLOS: The United Nations Convention on the Law of the Sea (UNCLOS), 1982, governs maritime navigation and territorial waters, recognises the right of innocent passage subject to its provisions, and requires coastal states to publicise known dangers to navigation.
• Protection under International Humanitarian Law: During armed conflict, the principles of distinction and proportionality guide attacks at sea; merchant seafarers are generally civilians, and commercial ships do not automatically become lawful military targets merely because they enter conflict zones.
• Jurisdiction and Enforcement Limitations: Foreign-flagged vessels generally fall under their flag states’ jurisdiction on the high seas, while incidents in ports, territorial waters and international waters may involve different authorities; international law does not guarantee protection from every attack.

Government Initiatives and India’s Response

1. Security Advisories and Deployment Restrictions: In June 2026, the Directorate General of Maritime Administration issued directions restricting the deployment of Indian seafarers to conflict areas, subject to specified exceptions, and requiring monitoring and coordination with Indian missions.
2. Diplomatic Intervention: Following the MV Golden Leo incident in the Black Sea, India summoned Russia’s chargé d’affaires and condemned the killing of Indian seafarers, using diplomatic channels to raise concerns over their safety.
3. Repatriation and Emergency Assistance: By early August 2026, more than 4,000 Indian seafarers had been repatriated from the Gulf region, supported by emergency communication and coordination mechanisms.
4. Financial and Medical Support: The government has provided medical and counselling assistance and announced ₹10 lakh in immediate financial assistance to the next of kin of deceased seafarers under the Seafarers’ Welfare Fund Society’s Special High-Risk Area Scheme.
5. Maritime Risk Management: The Directorate General of Shipping’s standard operating procedures cover risk assessment, reporting, crew protection and coordination with naval and security authorities to improve responses to maritime emergencies.
6. International Coordination: India works through diplomatic and maritime channels to assist affected crews, while the International Maritime Organization (IMO) has promoted evacuation arrangements and warned against exposing seafarers to serious risks without credible security guarantees.

Way Forward

1. Strengthen Risk Assessment: Shipping companies should assess voyage and security risks before entering high-risk waters and provide seafarers with clear information about prevailing dangers.
2. Improve Monitoring and Emergency Response: India should strengthen real-time tracking, emergency communication and coordination with shipping companies and Indian missions to identify threats and arrange timely evacuation.
3. Ensure Employment and Insurance Protection: Seafarers should receive adequate information about war risks, insurance coverage and employment conditions before accepting assignments in conflict-affected areas.
4. Promote Safe-Passage Arrangements: India should work through the IMO and other international forums to promote credible security arrangements, maritime corridors and timely warnings for commercial vessels.
5. Strengthen Regional Cooperation: India should cooperate with other major seafarer-supplying countries, particularly the Philippines, to coordinate diplomatic efforts and improve crew protection.
6. Use Naval Assistance Where Feasible: India should retain the capacity to rescue and evacuate its citizens when circumstances permit, while considering the legal, security and diplomatic constraints surrounding foreign-flagged vessels.

Conclusion

India’s seafaring workforce is vital to global trade. Its growing size also increases the number of citizens exposed to maritime conflict. Domestic law and international conventions provide important labour, welfare and navigation protections, but cannot guarantee physical safety. India must combine risk prevention, diplomacy, effective evacuation and international cooperation to protect seafarers.

Question for practice:

Discuss the legal framework and government measures for protecting Indian seafarers working in conflict zones.

Source: Business Standards