MAHARASHTRA NATIONAL LAW UNIVERSITY MUMBAI

SEMESTER – VIII

Charting the Course for Seafarers’ Rights

A Comparative Analysis of the Maritime Labour Convention and Indian Legal

Protections

PROJECT

SUBMITTED TO: PROF. AMANA KHARE SIR

SUBMITTED BY: JANHAVI DESHPANDE, PARTH WADIKAR

ROLL NO: 2021 035; 2021 060

SUBJECT: MARITIME LAW

SUBMITTED ON: 07.04.2025

ABSTRACT

Global maritime trade relies heavily on seafarers, a workforce that faces extreme
environmental conditions – from unpredictable weather and physically demanding labour to
prolonged isolation from their families, all while operating in a legal grey area far from the
protective reach of conventional labour laws. The Maritime Labour Convention was created
to bridge this gap, offering an international safety net intended to improve the working and
living conditions of seafarers through coordinated global standards.

However, the Convention’s effectiveness depends largely on how earnestly its provisions are
adopted and enforced by individual nations. In countries like India, a key supplier of
maritime labour, outdated national legislation and lax enforcement have led to disturbing
cases of abuse. Seafarers there often find themselves abandoned, stranded on vessels, or
forced into accepting deplorable conditions simply to keep their jobs. Moreover, modern
challenges—such as problematic crew contracting practices, the complexities of open
registries, and stringent maritime security measures – exacerbate issues like social isolation,
chronic fatigue, and mental stress, even fostering fears of criminalization within the
profession.

This study not only examines the current realities on board ships but also highlights the
urgent need for comprehensive legal reform. It calls for a harmonized approach that not only
upholds international standards but also humanizes the regulatory framework to genuinely
safeguard the rights and dignity of seafarers in today’s ever-evolving global shipping
industry.
CHAPTERISATION

Chapter 1: Global Maritime Labour Standards

1.1 Historical Overview
1.2 Evolution to Modern Regulation
1.3 Key International Instruments
1.4 Effect-Based Analysis

Chapter 2: The Framework of Indian Maritime Legislation

2.1 Overview of the Legal Landscape
2.2 Core Legislation and Regulations
2.3 Judicial Interpretations and Landmark Cases
2.4 Strengths and Limitations
Chapter 3: Comparative Analysis of International and Indian Regimes
3.1 Comparative Methodology
3.2 International Best Practices
3.3 Indian Legal Framework in Comparison
3.4 Enforcement Discrepancies and Case Studies

Chapter 4: Implementation Challenges and Real-Life Case Studies

4.1 Overview of Enforcement Challenges
4.2 Case Study: Abandonment on MV HALANI 1
4.3 Case Study: Prolonged Detentions in Foreign Ports
4.4 Socio-Economic Impact Analysis
4.5 Synthesis of Real-Life Challenges

Chapter 5: Policy Recommendations and Future Directions

5.1 Identification of Policy Gaps
5.2 Proposed Reforms
5.3 Strategic Directions for Policy Enhancement
5.4 Future Research and Initiatives

Chapter 6: Conclusion
Chapter 1: Global Maritime Labour Standards

1.1 Historical Overview

Global maritime labour standards form the cornerstone of an industry that supports
international trade and the livelihood of over a million seafarers worldwide. This chapter
provides a comprehensive look into the evolution of these standards—from their historical
roots to their modern implementation and effect-based outcomes.

Maritime labour practices can be traced back to ancient times, when early maritime codes—
such as the Code of Hammurabi—and customary laws in the Mediterranean region
established rudimentary norms for seafarers’ wages, contracts, and treatment. These practices,
initially informal and regionally based, were designed to ensure safe navigation and reliable
crew performance. Over the centuries, as maritime trade expanded, local port courts and
customary practices further refined the regulation of seafaring work.

The modern journey began with the establishment of the International Labour Organization
(ILO) in 1919, which signalled a commitment to codifying labour standards across industries.
Between 1920 and the late twentieth century, the ILO adopted a multitude of conventions
addressing various facets of maritime labour—from the Minimum Age (Sea) Convention,
1920 to instruments governing hours of work, manning levels, and repatriation. Despite their
significance, these individual instruments resulted in a fragmented system that was often
inconsistently enforced and variably ratified across key maritime nations.

By the turn of the century, the growing complexity of shipping operations and increasing
concerns over substandard conditions led to a broad consensus among governments,
seafarers’ unions, and shipowners that a consolidated approach was needed. This realization
culminated in the high-level tripartite negotiations—embodied in what became known as the
“Geneva Accord”—which paved the way for the adoption of the Maritime Labour
Convention, 2006 (MLC, 2006). Adopted at the 94th International Labour Conference in
February 2006 and entering into force on 20 August 2013, the MLC, 2006 represented a
historic consolidation of over 60 earlier maritime labour instruments into one comprehensive
“seafarers’ bill of rights.” ilo.org; en.wikipedia.org
1.2 Evolution to Modern Regulation

As global shipping evolved into a highly complex and international industry, the regulatory
framework for maritime labour standards underwent a significant transformation. Initially
characterized by disparate national laws and a patchwork of international conventions, the
system gradually shifted toward a unified model that accommodates modern shipping
realities. This evolution was driven by the dual imperatives of protecting seafarers’ welfare
and ensuring fair competition among shipowners.

Modern regulation now integrates robust enforcement mechanisms that extend beyond the
flag state. The introduction of port state control (PSC) inspections has emerged as a vital tool
in verifying compliance and ensuring that even vessels registered in non-ratifying states
adhere to minimum standards. Concurrently, the convergence of standards between the ILO
and key International Maritime Organization (IMO) conventions—such as SOLAS, STCW,
and MARPOL—has created a comprehensive regulatory regime, often described as the “four
pillars” of maritime safety and quality. Modern maritime regulation emphasizes transparency,
accountability, and flexibility, allowing national authorities to implement “substantially
equivalent” measures tailored to local conditions while maintaining the Convention’s overall
objectives. skuld.com
1.3 Key International Instruments

The current landscape of global maritime labour standards is anchored by several key
international instruments that have evolved over decades: ; ilo.org

 ILO Maritime Labour Conventions (Pre-2006): Earlier conventions—such as the

Minimum Age (Sea) Convention, 1920; Hours of Work and Manning (Sea) Convention,
1936; and the Repatriation of Seamen Convention, 1926—formed the bedrock of
maritime labour standards. While individually important, their fragmentation eventually
necessitated the consolidation embodied in the MLC, 2006.

 STCW Convention (International Convention on Standards of Training, Certification

and Watchkeeping for Seafarers): Adopted in 1978 and amended subsequently (notably
in 1995 and 2010), the STCW Convention sets the minimum training and certification
requirements for seafarers. Though primarily focused on technical and operational
competence rather than working conditions per se, its role in ensuring that seafarers are
adequately prepared for modern maritime challenges is crucial. en.wikipedia.org

 Other ILO Instruments: Instruments such as the Accommodation of Crews

(Supplementary Provisions) Convention, 1970 and other sector-specific conventions
continue to influence national regulations and practices. Although many of these have
been denounced following the adoption of the MLC, their historical contribution remains
significant. en.wikipedia.org

 Maritime Labour Convention, 2006 (MLC, 2006): Often hailed as the “seafarers’ bill of
rights,” the MLC, 2006 consolidates more than 60 earlier ILO instruments. It
comprehensively covers issues ranging from minimum age and medical fitness to
employment conditions, onboard accommodation, catering, health protection, and social
security. Its enforcement mechanisms through flag and port state control ensure that
standards are uniformly applied across the global fleet. ilo.org

Together, these instruments not only establish the minimum thresholds for seafarers’ rights
and welfare but also provide the legal foundation for ongoing reform and adaptation in the
face of technological, economic, and social change.
1.4 Effect-Based Analysis

An effect-based analysis of global maritime labour standards reveals a regulatory framework

that has had a transformative impact on seafarers’ lives and the shipping industry at large.
Since the entry into force of the MLC, 2006, there has been a marked improvement in the
working and living conditions aboard commercial vessels. Port state control inspections and
rigorous enforcement mechanisms have significantly reduced instances of substandard
conditions, thereby enhancing overall maritime safety and welfare.

The consolidation of earlier conventions into a single, cohesive instrument has also fostered a
level playing field for shipowners, curbing the tendency for competitive undercutting through
lax labour standards. However, despite these advances, challenges remain. Issues such as
delayed or non-payment of wages, fatigue, and occasional deficiencies in onboard
accommodation and catering persist. Moreover, the success of these international standards is
closely tied to effective national implementation—a factor that continues to vary widely
among maritime nations.

Studies indicate that while there has been a general decline in deficiencies reported during
PSC inspections, regional discrepancies exist, with European and other advanced maritime
states often exhibiting higher compliance levels compared to their counterparts. Such
variations underscore the need for ongoing harmonization and capacity building among flag
states and port authorities. Ultimately, the effect-based analysis demonstrates that while the
evolution of maritime labour standards has led to substantial improvements, the dynamic
nature of global shipping necessitates continuous review, adaptation, and enforcement to fully
realize the Convention’s promise of decent work for seafarers worldwide.
2.1 Overview of the Legal Landscape: Core Legislation and Regulations

India's maritime laws have undergone significant transformation since the colonial era,
adapting to the changing dynamics of international trade and shipping. The foundational
legislation, established post-independence, has been supplemented by various statutes and
regulations to address the multifaceted aspects of maritime operations. This legal framework
encompasses ship registration, safety protocols, crew welfare, environmental protection, and
the management of ports and inland waterways. The integration of international conventions
into domestic law reflects India's commitment to global maritime standards, ensuring the
country's maritime sector remains robust and compliant with international norms.
At the heart of India's maritime legal structure is the Merchant Shipping Act of 1958, which
serves as the primary legislation governing merchant shipping within the country. This Act
comprehensively addresses ship registration, construction standards, navigation safety, and
the welfare of seafarers. Over the years, it has been amended to incorporate provisions from
international conventions, thereby aligning India's maritime practices with global standards.
Supplementary legislations further bolster the maritime legal framework:
 Indian Ports Act, 1908: This Act provides for the administration and governance of ports
in India, outlining the responsibilities of port authorities and ensuring the efficient
operation of port facilities.
 Inland Vessels Act, 1917: Governing the movement and operation of vessels on inland
waterways, this Act ensures the safety and regulation of domestic water transport.
 Dock Workers (Regulation of Employment) Act, 1948: This legislation focuses on the
welfare and working conditions of dock workers, aiming to provide fair employment
practices and ensure safety standards are met.
 Multimodal Transportation of Goods Act, 1993: Addressing the complexities of
transporting goods across multiple modes of transport, this Act facilitates seamless
logistics and trade operations.
 Coasting Vessels Act, 1838: One of the earlier legislations, it regulates the trade along the
coast, ensuring that vessels operating in coastal waters adhere to prescribed standards.
 Recycling of Ships Act, 2019: Reflecting India's commitment to environmental
sustainability, this Act governs the recycling of ships, ensuring that the process adheres to
international environmental and safety standards.
 Marine Aids to Navigation Act, 2021: Modernizing the management of navigational
aids, this Act replaces older legislations to provide a comprehensive framework for the
development and maintenance of aids to navigation, enhancing maritime safety.
The Directorate General of Shipping, as the apex regulatory authority, plays a crucial role in
implementing these laws, issuing guidelines, and ensuring compliance with international
maritime conventions.

2.3 Judicial Interpretations and Landmark Cases

2.5 Strengths and Limitations: An Effect-Based Analysis

India's maritime legislation boasts several strengths:

 Comprehensive Coverage: The legal framework addresses a wide spectrum of maritime
activities, ensuring that various aspects of shipping and navigation are regulated.
 Alignment with International Standards: By incorporating provisions from
international conventions, Indian laws facilitate global trade and enhance the country's
credibility in the international maritime community.
 Dedicated Regulatory Authority: The Directorate General of Shipping ensures effective
implementation and enforcement of maritime laws, providing guidance and oversight.

However, certain limitations persist:

 Enforcement Challenges: Despite robust legislation, enforcement can be inconsistent,
leading to gaps in compliance and safety standards.
 Aging Infrastructure: Some port facilities and navigational aids require modernization
to meet current demands and technological advancements.
 Environmental Concerns: With increasing emphasis on sustainable practices, there is a
need for more stringent regulations and enforcement mechanisms to address
environmental impacts of maritime activities.