Will the Directorate General of Shipping (DGS) examine the case under abandonment criteria?
Maritime News Mumbai India: Serious questions are emerging around the welfare conditions onboard MT Asphalt Star (IMO 9463528), currently anchored at Mumbai Alpha Anchorage following its detention by the Indian Coast Guard earlier this month.
The Global Seafarers Union of India (GSUI) has formally invoked the abandonment provisions under the Maritime Labour Convention (MLC), 2006, raising concerns over unpaid wages, provision shortages, and medical distress among the crew.
While the vessel remains under regulatory scrutiny, the focus has now shifted to whether the situation onboard meets the legal threshold of “abandonment” under international maritime law.
Unpaid Wages and Provision Shortages
According to written communications submitted to GSUI by the Master and crew:
- Wages have reportedly remained unpaid since 1 December 2025.
- Fresh provisions were last supplied in November 2025.
- Crew members are facing shortages of potable water and essential consumables.
- Power interruptions have been reported due to limited bunker availability.
- Medical complaints including chest pain and severe fatigue have surfaced.
- Requests for sign-off and repatriation remain pending.
The vessel carries 21 Indian seafarers and one Sri Lankan crew member.
If verified, these conditions may engage key provisions of the Maritime Labour Convention.
Does This Qualify as ‘Abandonment’?
Under Standard A2.5.2 of MLC 2006, abandonment may be deemed to exist where a shipowner:
- Fails to pay contractual wages for at least two months,
- Fails to provide necessary maintenance and support,
- Fails to arrange repatriation.
Maritime legal experts note that wage non-payment exceeding two months, combined with lack of provisions and operational withdrawal of support, may trigger activation of the vessel’s financial security mechanism — typically backed by P&I insurance.
Whether the Directorate General of Shipping (DGS) will formally examine the case under abandonment criteria remains to be seen.
Financial Security and RPSL Liability
MLC amendments require vessels to maintain financial security to cover unpaid wages and repatriation in abandonment cases. If abandonment is established, the vessel’s insurer may be required to activate wage protection.
Additionally, questions may arise regarding the role and continuing obligations of the concerned RPSL entity involved in crew placement.
Interim Cash Crisis
One of the most pressing concerns raised is the reported absence of immediate cash access for the crew.
In abandonment scenarios, lack of cash can severely restrict:
- Access to communication,
- Medical purchases,
- Basic personal needs.
GSUI has urged that interim financial assistance be arranged through the shipowner and responsible RPSL entity pending regulatory determination.
GSUI Position
Gaurav Porwal, National Spokesperson of GSUI, stated:
“Regardless of the commercial or regulatory proceedings involving the vessel, seafarers cannot be left without wages, food, medical care, or basic survival support. International maritime law clearly protects their dignity and rights. We are seeking immediate humanitarian relief while respecting the ongoing investigation.”
Regulatory Questions Ahead
Key questions now before maritime authorities include:
- Will DGS conduct a Port State MLC inspection?
- Will the MLC Financial Security (P&I) mechanism be activated?
- Has the Flag State administration been notified?
- Are wage protections being enforced?
- Are crew safety and hours-of-rest compliance being examined?
As investigations continue, the humanitarian dimension of the case may prove just as significant as the enforcement proceedings.
The situation remains under close watch.
