Abandoned Seafarers India: Your Rights When You’re Stranded

Abandonment at sea is a maritime crisis that affects hundreds of Indian seafarers every year. Vessels stranded in foreign ports, wages unpaid for months, crew unable to disembark. Here’s what it means legally, what your rights are, and who can help.

What Is Abandonment Under MLC 2006?

Under MLC 2006 Regulation 2.5, a seafarer is considered abandoned when:

• The shipowner fails to provide repatriation
• The shipowner has left the seafarer without the necessary maintenance and support
• The shipowner has disconnected themselves from the seafarer, including non-payment of wages for 2 months or more

Abandonment is a serious breach of international maritime law. Port states are obligated to act.

Your Rights When Abandoned

Immediate rights:

• Repatriation: Shipowner is legally obligated to repatriate you. If they won’t or can’t, the flag state must. If flag state fails, port state must step in.
• Wages: All outstanding wages must be paid. MLC requires financial security by shipowners covering this.
• Basic necessities: Water, food, and accommodation on board must continue until departure.

Financial Security (from 2017): MLC requires all ships over 500GT to carry valid financial security (insurance or guarantee) specifically covering abandonment claims. This covers wages and repatriation even if the owner has gone bankrupt.

Who to Contact Immediately

1. ITF (International Transport Workers’ Federation) — First Call

• ITF has inspectors in every major port worldwide
• They have a 24/7 emergency line specifically for seafarer distress
• ITF International Helpline: +44 20 7403 2733
• Website: itfseafarers.org → Find an ITF inspector near you
• ITF can physically board vessels, mobilize port authorities, and initiate legal arrest of vessels

2. ISWAN (International Seafarers’ Welfare and Assistance Network)

• 24/7 helpline in multiple languages including Hindi
• SeafarerHelp: +44 20 7323 2737 / seacall@seafarerhelp.org
• Provides crisis counselling and refers to appropriate authorities

3. DG Shipping (for Indian-flag vessels or Indian seafarers)

• Emergency contact: dgship-mum@nic.in
• Indian consulate/embassy in the port country also has obligations to assist

4. Indian Embassy/Consulate

Immediately contact the nearest Indian diplomatic mission. They are obligated to assist Indian nationals in distress — including emergency repatriation if necessary.

Documenting Your Situation

From day one of non-payment or signs of abandonment:

• Keep a daily log: date, situation, communications with company
• Photograph food/water supply status if basic necessities are being denied
• Save all WhatsApp/email communications with company and agents
• Note names of all crew affected — group complaint is more powerful

What Happens to the Ship

In abandonment cases, port state authorities can:

• Detain the vessel in port
• Authorize crew to disembark and find accommodation ashore
• Initiate legal proceedings against owner/charterer
• Draw from ship’s financial security to pay wages and repatriation

In serious cases, vessels are arrested by courts and sold to recover crew wages.

On Return to India: Your Legal Claim

After repatriation, you can still file claims for unpaid wages:

• Through DG Shipping
• Through ITF
• Through civil court under Maritime Claim (Admiralty suit)

Your rights do not expire at the moment you step off the ship.

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Stranded, unpaid, or facing a serious situation onboard? Contact SailorGPT for immediate guidance. Also keep ITF’s number saved: +44 20 7403 2733 — they operate 24/7.