Assessment of Role of Admiralty Courts in India in Protecting Abandoned Seafarers Onboard Vessels in Indian Ports

Abstract

The present study will discuss the role of admiralty courts in India in protecting abandoned seafarers. Judgments and orders of Admiralty courts are analyzed to decipher the approach adopted by Indian admiralty courts for protecting abandoned seafarers in Indian Ports. Furthermore, it is seen how much time Admiralty Courts in India usually take to judicially auction the vessel in cases where the vessel under arrest has an abandoned crew onboard. Several suggestions are made on how Admiralty courts in India can better protect abandoned seafarers by using the existing legal regime. The study is doctrinal. A significant data source for the study comprises Judgments and orders from Indian Admiralty courts involving abandoned seafarers. In particular, five specific instances where seafarer abandonment was reported on the vessel are assessed, and all of these cases were litigated in the Indian Admiralty court. From work, it can be seen that Admiralty courts in India have played a crucial role in protecting the abandoned seafarers in Indian Ports. Courts have come out as a guardian of seafarers, and it was only due to the intervention of the courts that the seafarers, in numerous cases, were able to recover pending wages, repatriation expenses, and necessities onboard the vessel. Furthermore, it is found from the analysis of case laws that the time the court takes for judicially auctioning the vessel is much longer than the maximum period specified in the Admiralty Act, 2017. From the study, it can be concluded that although Admiralty courts in India have played an important role in protecting abandoned seafarers in Indian ports, still, there is a need for some changes, which include speedy disposal of admiralty litigations in India.