Examine how India's maritime legal framework has evolved to address seafarer abandonment and recruitment malpractices.
In this answer
India supplies a large share of the global seafaring workforce, yet its governing law until recently was the colonial-era Merchant Shipping Act, 1958. The Merchant Shipping Act, 2025 — in force from 15 March 2026 — marks a decisive shift from discretionary welfare to statutory, rights-based protection for seafarers [1].
The pre-2025 gap
- The 1958 Act, with 561 sections, predated the ILO's Maritime Labour Convention, 2006, leaving abandonment unaddressed as a distinct statutory wrong [2].
- Recruitment abuses were governed largely through subordinate rules and DGS circulars, giving weak deterrence against unlicensed manning agents.
Statutory response to abandonment
- The 2025 Act creates express legal protection for abandoned seafarers, converting a welfare concern into an enforceable entitlement [1].
- It mandates time-bound reporting of abandonment by recruitment and placement services to the shipping authorities, enabling rapid repatriation [1].
Curbing recruitment malpractices
- Tighter licensing and oversight of Recruitment and Placement Services (RPS), with penal consequences for operating unlicensed agencies [1].
- Draft Merchant Shipping (Recruitment and Placement of Seafarers) Rules, 2026 are being framed to operationalise these safeguards [1].
Institutional and structural reform
- A streamlined framework of 16 Parts and 325 clauses replaces the 1958 statute, aligning domestic law with IMO and ILO standards [2].
- The regulator, renamed the Directorate General of Maritime Administration under the Ministry of Ports, Shipping and Waterways, has issued advisories restricting deployment of Indian seafarers to conflict-affected zones such as the Red Sea and Gulf of Aden [1].
- Rule-making proceeds through 14 Technical Committees involving seafarers' associations, training bodies and shipowners [2].
The evolution is thus from a fragmented, circular-driven regime to a consolidated statutory architecture matching global labour benchmarks. Its promise now depends on prompt notification of rules, adequately staffed port-level inspection, and a functioning financial-security mechanism for stranded crews. Read with the companion Coastal Shipping Act, 2025, the reform advances both India's maritime ambitions and the dignity-of-labour vision underlying Article 21 [3].
Sources
- 1Merchant Shipping Act, 2025 strengthens Seafarer Safety Framework amid emerging Maritime Security Risks, PIB (21 July 2026)date of force; abandoned-seafarer protection and 48-hour reporting; RPS licensing and penalties; draft RPS Rules, 2026; DGS advisories on conflict zones; regulator and nodal ministry
- 2Parliament Passes Merchant Shipping Bill, 2025 after Rajya Sabha Adoption, PIB561 sections of the 1958 Act; 16 Parts and 325 clauses; IMO/ILO alignment; 14 Technical Committees
- 3Parliament Clears Coastal Shipping Bill, 2025 to Boost India's Coastal Economy, PIBcompanion coastal shipping legislation