Caught in the Crossfire: The Perilous Voyage of Indian Seafarers on Sanctioned 'Dark Fleet' Ships
With Indian lives lost and liberty at stake, a closer look at the complex web of international sanctions, illicit shipping, and the vulnerabilities of India's maritime workforce.
Pre-requisite: Understanding the Maritime Maze
Before delving into the crisis facing Indian seafarers, it is essential to understand the foundational concepts, historical context, and regulatory bodies that govern the high seas. This issue sits at the intersection of international law, geopolitics, and labour rights, making a grasp of the basics crucial.
KEY TERMS
- Sanctioned Vessel — A ship, its owner, or its operator placed on a restrictive list by a country (unilateral sanction) or the United Nations (multilateral sanction), typically prohibiting it from trade, insurance, or port access.
- Dark Fleet — Vessels that engage in deceptive shipping practices to hide their identity, cargo, or destination, often to circumvent sanctions. Tactics include disabling identification systems, using fraudulent registration, and conducting illicit ship-to-ship transfers.
- UNCLOS — The United Nations Convention on the Law of the Sea (1982), a comprehensive treaty establishing a legal framework for all marine and maritime activities. India is a signatory.
- Flag State — The country under whose laws a commercial vessel is registered. The flag state holds primary regulatory authority and responsibility over the vessel, a principle enshrined in UNCLOS Article 91.
BACKGROUND & TIMELINE
The vulnerability of global maritime trade routes is not new, but its impact on Indian seafarers has intensified with rising geopolitical friction. The current crisis is a culmination of several trends.
- Since 2020: The use of unilateral sanctions, particularly by the U.S. and G-7 nations against countries like Iran, Venezuela, and Russia (post-2022), led to a significant expansion of the 'dark fleet' to transport sanctioned oil.
- March 2021: The blockage of the Suez Canal by the container ship Ever Given for six days highlighted the fragility of global supply chains, which are entirely dependent on seafarers.
- June 10, 2024: A critical flashpoint occurred when U.S. forces attacked three ships allegedly carrying Iranian cargo off the coast of Oman. The attack resulted in the deaths of three Indian seafarers, bringing the human cost of these conflicts into sharp focus for India.
- June 2024: In a separate incident, the Indian captain of a Russian-linked vessel was arrested in the English Channel by British authorities after the ship was detained for allegedly violating Western sanctions and being declared 'stateless' mid-voyage.
INSTITUTIONAL FRAMEWORK
Several domestic and international bodies are central to the governance and welfare of Indian seafarers.
- Directorate General of Shipping (DG Shipping), India: Operating under the Ministry of Ports, Shipping and Waterways, this is the primary regulatory body for maritime affairs in India. Established in 1949, it implements the Merchant Shipping Act, 1958, and licenses Recruitment and Placement Services (RPS) agencies.
- International Labour Organization (ILO): A UN agency that sets international labour standards. Its Maritime Labour Convention (MLC), 2006, often called the 'seafarers' bill of rights', establishes minimum working and living standards. India ratified the convention in 2015.
- International Maritime Organization (IMO): A specialized UN agency responsible for the safety and security of shipping and the prevention of marine pollution by ships.
- Ministry of External Affairs (MEA), Government of India: This ministry is responsible for providing diplomatic protection and consular assistance to Indian citizens abroad, a duty that flows from the state's obligation to protect the life and liberty of its citizens under Article 21 of the Constitution.
What is the core issue facing Indian seafarers?
The central issue is the increasing risk of Indian maritime professionals becoming collateral damage in geopolitical conflicts. With over 3.2 lakh active seafarers from a registered pool of over 5 lakh, India is a dominant force in global maritime labour, constituting roughly 20% of the world's 1.8 million seafarers (Source: The Hindu). This large presence means that when international powers use sanctions to target vessels, Indian nationals are disproportionately affected. The death of three Indian crew members in a U.S. attack on June 10, 2024, and the arrest of an Indian captain in the U.K. are symptoms of a systemic problem. Seafarers are often unaware of the complex ownership structures or sanctioned status of the vessels they are hired to work on. Vulnerable workers are frequently targeted by unscrupulous recruitment agents and placed on high-risk ships, making them unwitting participants in illicit trade and violating their fundamental right to life and personal liberty under Article 21 of the Constitution.
How do 'dark fleets' and sanctions regimes operate?
Sanctions are broadly of two types. UN Security Council sanctions, passed under Chapter VII of the UN Charter, are binding on all member states. More common are unilateral sanctions imposed by individual countries or blocs like the U.S., U.K., and EU. These are legally binding only within their jurisdictions but are often enforced extraterritorially through financial leverage.
To evade these sanctions, a 'dark fleet' has emerged. According to maritime expert Ajith Sukumaran, a retired Additional Director General of Shipping, these vessels employ a range of deceptive tactics. These include falsifying registration documents, obtaining fraudulent insurance, switching off their Automatic Identification System (AIS) transponders to 'go dark', and conducting clandestine ship-to-ship transfers of cargo on the high seas. A ship's connection to a sanctioned entity may be obscured through layers of shell companies, making due diligence nearly impossible for a seafarer. The case of the Indian captain arrested in the English Channel highlights another tactic: a vessel losing its flag state registration mid-voyage, rendering it 'stateless' and thus subject to seizure by any nation under international law.
What is the government's current stance and policy response?
The Government of India's official position navigates a balance between protecting its citizens, maintaining strategic autonomy, and securing economic interests. India does not formally recognise unilateral sanctions, only those mandated by the UN. However, it must deal with the practical reality of their enforcement by powerful states, given that over 85% of India's energy requirements are imported via sea routes. The primary policy response has been advisory in nature. The Directorate General of Shipping has issued guidelines directing recruitment agencies and seafarers to exercise due diligence. According to Ajith Sukumaran, this is a crucial first step. The government's approach places the onus on awareness rather than imposing a blanket ban on its citizens working on certain ships. Such a ban could impact the estimated $6 billion to $9 billion in foreign exchange remitted annually by seafarers, a vital contribution to the economy.
What are the legal and practical challenges?
Experts identify significant hurdles in protecting Indian seafarers. Biswanath Gupta, Associate Professor at Jindal Global Law School, notes that while unilateral sanctions are contested in international law, their enforcement by powerful states makes them a de facto reality. When an Indian national is affected, India's main legal recourses are to question the jurisdiction of the foreign court and to exercise the right of diplomatic protection. However, critics argue that awareness advisories are insufficient. Ajith Sukumaran points out that vulnerable seafarers are easily pressured into risky jobs by the threat of withheld wages or blacklisting. This creates a situation of coercion, not merely a lack of information. A proposed solution is for the government to take a more proactive regulatory role. This would involve DG Shipping maintaining a dynamic, non-public list of sanctioned or high-risk vessels and making it mandatory for licensed recruitment agencies to verify against this list before placing any Indian crew. This shifts the burden of due diligence from the individual seafarer to the regulated recruitment ecosystem, offering a more robust layer of protection.
Why This Matters Now
The issue has moved from a theoretical risk to a matter of life and death, directly engaging the state's constitutional duty under Article 21 to protect its citizens. The killing of three Indian seafarers on June 10, 2024, has created an urgent imperative for policy action. It is no longer a distant geopolitical game but a direct threat to Indian citizens and their right to livelihood. As global conflicts intensify, particularly in maritime chokepoints like the Strait of Hormuz—through which nearly a quarter of global fossil fuels pass—the frequency of such incidents is likely to rise. Inaction presents a costly choice for India's government and its vast maritime community.
Likely Trajectory
In the coming years, the Indian government will face mounting pressure to move beyond advisories, as the current approach is proving inadequate. A likely policy evolution involves a more structured regulatory mechanism. We can anticipate the Directorate General of Shipping introducing stricter verification protocols for Recruitment and Placement Services agencies, making them legally accountable for due diligence. The concept of a dynamic 'high-risk vessel' list, as suggested by experts, may be formally adopted, requiring agencies to secure clearance before crew placement. Diplomatically, India will likely use forums like the ILO and IMO more forcefully to advocate for the protection of seafarers from being treated as combatants or criminals in sanction-related disputes.
Governance and Policy Implications
This crisis presents a significant challenge to India's foreign policy of 'strategic autonomy' and its capacity to protect its citizens globally. It forces a difficult conversation about the limits of non-alignment when the actions of other nations directly harm Indian interests. The challenge is to devise a policy that safeguards seafarers without crippling a vital source of employment or appearing to capitulate to unilateral sanctions it does not legally recognise. Ultimately, the plight of these seafarers is a mirror to India's larger challenge: how to navigate an increasingly fragmented world while upholding its sovereign interests and its constitutional duty to protect the lives of its people.