Examine how India's maritime legal framework has evolved to address seafarer abandonment and recruitment malpractices.

Q. Examine how India's maritime legal framework has evolved to address seafarer abandonment and recruitment malpractices. (15 marks, 250-350 words)

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].

(~320 words)

Sources: 1. Merchant 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 2. Parliament Passes Merchant Shipping Bill, 2025 after Rajya Sabha Adoption, PIB — 561 sections of the 1958 Act; 16 Parts and 325 clauses; IMO/ILO alignment; 14 Technical Committees 3. Parliament Clears Coastal Shipping Bill, 2025 to Boost India's Coastal Economy, PIB — companion coastal shipping legislation