What Are the Laws for Human Rights at Sea in India?

Human rights at sea are critical for ensuring the fair treatment of maritime workers who face unique challenges due to the isolated nature of their work environment. In India, like many other maritime nations, human rights issues at sea—ranging from exploitation, forced labor, and unsafe working conditions—have prompted the development of national laws and international frameworks to safeguard seafarers’ rights. Indian law aligns with global standards like the Maritime Labour Convention (MLC), 2006 and various International Labour Organization (ILO) conventions to address these concerns and protect seafarers from exploitation.

Key Legal Frameworks Governing Human Rights at Sea in India

Maritime Labour Convention (MLC), 2006

The MLC 2006 is the principal international convention governing the rights of seafarers. India ratified the MLC in 2015, committing to uphold its standards regarding:

• Employment Rights: The MLC mandates that seafarers have written contracts specifying the terms of their employment, including wages, working hours, and conditions.
• Living Conditions: The MLC sets standards for adequate food, water, and accommodation on board vessels. Ships must have sufficient living space for crew members, sanitary facilities, and medical care.
• Freedom from Forced Labour: The convention forbids forced labor or human trafficking of any kind. Shipowners are required to ensure that seafarers are not subjected to coercion, abuse, or exploitation.
• Repatriation Rights: Seafarers are entitled to be repatriated to their home country if their contract is terminated, or if they face unsafe working conditions, or if they are victims of abuse.

Indian Merchant Shipping Act, 1958

The Indian Merchant Shipping Act is the primary piece of legislation governing maritime activities in India. It contains provisions related to the safety and welfare of seafarers, including:

• Shipowner's Responsibilities: Under the Act, shipowners are required to ensure the safety and welfare of crew members, including their working conditions, wages, and accommodation.
• Certificates of Competency: The Act also establishes requirements for the certification and training of seafarers, ensuring they meet international safety standards.
• Repatriation of Seafarers: Similar to the MLC 2006, this Act ensures the repatriation of seafarers who face unsafe or unjust working conditions.

The Indian Penal Code (IPC), 1860

The Indian Penal Code (IPC) is the general criminal law in India and is applicable to human rights violations in the maritime industry, including forced labor, human trafficking, and exploitation of seafarers.

• Section 370 and 370A: These sections of the IPC criminalize human trafficking, including trafficking for forced labor, which can apply to labor trafficking on ships.
• Section 374: This section addresses forced labor and prescribes penalties for individuals or entities engaged in coercing people to work under exploitative conditions.

International Labour Organization (ILO) Conventions

India is a signatory to several ILO Conventions that protect the rights of workers, particularly those in the maritime industry:

• ILO Convention No. 29 on Forced Labour: This convention defines and prohibits forced labor and sets out measures for its prevention and elimination, directly impacting maritime labor.
• ILO Convention No. 105 on the Abolition of Forced Labour: It complements Convention No. 29 and focuses on eradicating forced labor in various sectors, including the maritime industry.
• ILO Convention No. 87 on Freedom of Association: This convention provides seafarers with the right to join trade unions and organize collectively, ensuring that they can negotiate better working conditions and protect their rights.

United Nations Convention on the Law of the Sea (UNCLOS)

UNCLOS, to which India is a party, contains several provisions related to the treatment of maritime workers and the preservation of human rights at sea.

• Right to Safe Working Conditions: UNCLOS obligates countries to ensure that ships operating under their flags adhere to safety and human rights standards, which includes the protection of seafarers from abuse and exploitation.
• Protection Against Human Trafficking: As part of the broader international legal framework, UNCLOS supports efforts to combat human trafficking, including in the maritime industry, by ensuring that port state control authorities can inspect vessels for human rights violations.

Port State Control (PSC) and Inspections

Port state control in India is a critical mechanism for enforcing human rights standards in the maritime industry. Indian port authorities have the power to inspect foreign-flagged vessels to ensure they comply with international human rights standards under the MLC 2006.

• Inspection Procedures: PSC officers inspect ships for compliance with regulations related to working conditions, accommodation, wages, and repatriation.
• Detention of Vessels: If a vessel is found violating human rights standards or seafarers' welfare regulations, it may be detained until necessary corrections are made. This includes the provision of appropriate living conditions and the payment of unpaid wages.
• Human Rights Violations: In cases of forced labor, trafficking, or exploitation, Indian authorities can impose penalties, and the shipowner or operator may face legal action.

Anti-Human Trafficking Laws

India’s efforts to combat human trafficking include specific legislation and procedures aimed at protecting workers, including those in the maritime industry:

• Trafficking of Persons (Prevention, Protection, and Rehabilitation) Bill, 2018: This Bill focuses on preventing human trafficking and includes provisions for the protection of victims, including seafarers who may be trafficked for forced labor aboard ships.
• Protection and Rehabilitation: The Indian government has set up various shelters, legal aid, and rehabilitation services for victims of human trafficking, ensuring that trafficked seafarers are given support and the opportunity for safe return to their home country.

Enforcement Mechanisms and Challenges

Lack of awareness and reporting: One of the main challenges in enforcing human rights at sea is the lack of awareness among seafarers about their rights. Many seafarers are reluctant to report violations due to fear of retaliation or job loss.

• Flag of Convenience: Many ships are registered under flags of convenience, which are often associated with less stringent labor regulations, making enforcement of human rights standards difficult.
• Remote Working Conditions: The isolated nature of working at sea often prevents authorities from monitoring conditions regularly, making it easier for violations to occur undetected.

Example

In 2017, Indian authorities successfully intervened when a cargo vessel operating out of Mumbai Port was found to be trafficking workers aboard the ship under the guise of employment. The workers, mostly from rural India, were promised jobs but were subjected to exploitative conditions and unpaid labor. After an inspection by Port State Control authorities, the ship was detained, the traffickers were prosecuted, and the workers were repatriated to their home country with the help of government agencies.

Conclusion

India’s approach to human rights at sea involves a combination of international conventions, national laws, and enforcement mechanisms to protect the rights of seafarers and maritime workers. While significant progress has been made with the implementation of the MLC 2006, Port State Control, and anti-trafficking laws, challenges remain in enforcing these laws effectively, particularly on vessels flagged in jurisdictions with weaker labor protections. Continued efforts to raise awareness, strengthen monitoring, and ensure compliance will be crucial in protecting the human rights of workers in the maritime industry.