A Seafarer's Right To Compensation: Casualty Investigation In India

Abstract

Marine casualty investigations are fundamental to enhancing maritime safety and ensuring accountability within the global shipping industry. In India, the framework governing these investigations and the subsequent rights of seafarers to compensation for injury, death, or unpaid wages is a multifaceted structure, drawing upon domestic legislation such as the Merchant Shipping Act, 1958 (‘MSA’), and international instruments including the Maritime Labour Convention, 2006 (‘MLC’), and the mandatory IMO Casualty Investigation Code (‘IMO Code’). This paper provides a comprehensive analysis of the current landscape of marine casualty investigations in India, examining the relationship between the investigative process and a seafarer's pursuit of compensation. It scrutinizes the existing legal and procedural mechanisms, highlighting their intended functions alongside the practical challenges seafarers frequently encounter, such as jurisdictional complexities, delays in investigations, strategies employed by employers to evade liability, and weaknesses in enforcement. Through an in-depth examination of key Indian legislation and a comparative analysis with international best practices in jurisdictions like the UK and Singapore, the paper identifies critical discrepancies between the regulatory intent and the effectiveness of implementation. It posits that while India has established a foundational legal structure, systemic reforms are imperative to ensure timely, equitable, and accessible compensation for seafarers. The paper concludes with actionable recommendations aimed at strengthening the investigative framework, streamlining legal avenues for recourse, enhancing enforcement mechanisms, and improving seafarer awareness, advocating for a more robust and seafarer-centric approach to maritime justice in India.