- 11-Jul-2025
- public international law
Seafarer repatriation is a crucial aspect of crew welfare ensuring that seafarers can return to their home country at the employer’s expense under specific conditions. Indian maritime law, aligned with international conventions like the Maritime Labour Convention (MLC), 2006, sets out clear rules for repatriation to protect seafarers’ rights.
The Indian Merchant Shipping Act, 1958, and the Maritime Labour Convention, 2006 (ratified by India), provide the legal basis for repatriation of seafarers.
Shipowners or employers are responsible for bearing all expenses related to repatriation including travel costs, accommodation, and subsistence.
Seafarers have the right to be repatriated:
Repatriation must be carried out without unreasonable delay, typically within a maximum of 30 days from the date the seafarer becomes entitled to repatriation.
The employer must provide necessary travel documents, medical certificates, and assistance to facilitate repatriation.
Seafarers must not be detained on board beyond their contract period without valid reasons, ensuring freedom to return home.
If repatriation is delayed or denied, seafarers can approach Indian maritime authorities or courts for redressal.
A seafarer suffers an injury onboard an Indian-flagged ship making further work impossible. The shipowner arranges medical treatment and repatriates the seafarer to India within two weeks, bearing all travel and subsistence expenses as per Indian law and the MLC.
Answer By Law4u Team
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