HC seeks Centre’s reply on petition against DGS circular affecting Indian sailors

The DGS, in the circular, stated that their inquiry revealed that some unauthorized foreign bodies have been illegally issuing certificates to seafarers, resulting in mandating them to possess the required certificates from the Government of India only, to be on board any India-flagged or foreign-flagged vessels

MUMBAI: The Bombay High Court last week issued notices to the Central Government, the DGS, and the Ministry of External Affairs, seeking their reply to a petition filed by the Sailors’ Union of India (SUI), challenging a circular issued by the Directorate General of Shipping (DGS) on July 18. The circular mandates Indian seafarers to possess a Certificate of Competency (CoC) and Certificate of Proficiency (CoP) issued by the Government of India to be able to work on board any Indian-flagged or foreign-flagged vessels. The SUI highlighted that various seafarers who have been working on foreign-flagged vessels for decades now, with certificates from a foreign authority, are at risk of losing their jobs.

Bombay High Court (HT Photo)

The DGS, in the circular, stated that their inquiry revealed that some unauthorized foreign bodies have been illegally issuing certificates to seafarers, resulting in mandating them to possess the required certificates from the Government of India only, to be on board any India-flagged or foreign-flagged vessels.

The division bench of Justice Revati Mohite Dere and Justice Dr. Neela Gokhale, on September 3 issued notices to the Central Government, the DGS, and the Ministry of External Affairs, seeking their reply within two weeks as to how they intend to tackle the fallouts of the circular that was issued on July 18.

The petition, filed through advocates Manoj Khatri, Arnab Ghosh and TK Krishna Kumar, highlighted that the circular was affecting the job prospects of thousands of Indian seafarers holding the CoC issued by the Foreign Flag Maritime Administration and working with various foreign-flag vessels for decades now. The SUI contended that the circular would result in thousands of Indian seafarers holding CoCs from foreign nations such as Panama, Liberia, Honduras, the Cook Islands, and Belize losing their jobs permanently.

“If these authorities cannot employ any seafarers, they have no right to stop their jobs by making this kind of circular in the pretext of regulation and control. DGS is playing with the life and career of Indian seafarers, which is very unfortunate”, the SUI remarked.

The circular issued by the DGS highlighted that they had noticed that some unauthorised private entities had been issuing certificates to seafarers, which were not commensurate with the training and assessment standards as per the requirements of the Standards of Training, Certification and Watchkeeping (STCW) Convention mandates each state to certify that seafarers are qualified and fit for their duties.

The DGS circular also stated that, taking notice of these illegal practices, they had initiated a detailed inquiry, which revealed that a few seafarers were allegedly issued with higher-grade Certificates of Competency (CoCs) and Certificate of Proficiency (CoP) from foreign administrations through fraudulent means.

Further, it claimed that the fraudulent agents have been offering a ‘package’ of delivering course certificates and that these maritime institutes did not even exist at the stated addresses.

Considering the serious nature of these violations, which undermine the fundamental principles and objectives of the STCW Convention and Rules framed under the Merchant Shipping Act, 1958, the Directorate initiated necessary actions, including the filing of criminal complaints and confiscation of such fraudulently obtained certificates.

“These activities which are attributable to a few unscrupulous agents has not only caused disruption to the lives of seafarers who are facing the investigation by the authorities, but has the potential to cause more damages in the future if not suitably addressed at this stage”, DGS circular said, adding that the circular has been issued to curb these fraudulent practices and has to be implemented by all the ship managers, RPSL agencies and seafarers.