Date: 2025-04-21Category: DGS OrderState: Union GovernmentCountry: India
Constitution of Committee to inquire and investigate into circumstances and aspects pertaining to harassment, ill-treatment, abuse, discriminatory treatment or such other misconduct towards Indian Seafarers employed on board ships causing or likely to cause death, personal injury, psychological trauma and such other un-desirable consequences
**Executive Summary**
DGS Order No. 04 of 2025, issued on April 21, 2025, establishes a Grievance Response Committee (GRC) to investigate incidents of harassment, ill-treatment, abuse, discriminatory treatment, or other misconduct towards Indian seafarers. The GRC will examine complaints and recommend preventive and corrective measures. A finalized report with recommendations must be submitted to the Director General of Shipping within three months of the order's issuance.
**Key Points / Main Content**
* **Grievance Response Committee (GRC) Constitution:**
* The Directorate General of Shipping (DGS) establishes the GRC under the Merchant Shipping Act, 1958, to address grievances of Indian seafarers.
* The GRC will inquire into complaints of harassment, ill-treatment, abuse, and other misconduct.
* The committee consists of:
* Shri Ajith Kumar Sukumaran, Chief Surveyor - Chairperson
* Capt S.I. Abul Kalam Azad, Nautical Advisor (I/c) - Member
* Capt. (Dr.) Daniel J Joseph, Dy. Director General of Shipping - Member Secretary
* Capt Nitin Mukesh, Dy. Nautical Advisor, DG Shipping - Member
* Capt. Harinder Singh, Nautical Surveyor, DG Shipping - Member
* Advocate Vivek Joy and support from legal consultant in Crew Branch
* **GRC Responsibilities and Procedures:**
* The GRC will take cognizance of complaints received before or after its constitution, with prior sanction of the Director General of Shipping.
* It will examine factual circumstances, including shipboard environment, statements, and evidence.
* The GRC will investigate incidents and recommend proactive measures to mitigate and prevent victimization.
* For past incidents, the GRC will monitor adjudicatory processes initiated by the Director Seamen's Employment Office (DSEO) and make recommendations.
* **Recommended Measures by the GRC:**
* The GRC may recommend measures including:
* Advising seafarers or NOK (Next of Kin) on possible actions.
* Pre-empting circumstances involving violations of seafarers' rights and wellbeing.
* Implementing psychiatric screening methodologies at entry level.
* Examining the accessibility of information to DG Comm for response to potential suicide.
* **Reporting and Cooperation:**
* The GRC shall submit a finalized report with recommendations to the Director General of Shipping.
* The report will inform internal consultations and administrative measures.
* Stakeholders (RPS agency, shipowners, MTIs, Master and crew, authorities) must fully cooperate with the GRC, providing documentation, records, and personnel.
* **Timeline:**
* The committee may submit an effective framework of suggestions to Director General of Shipping within a timeline of three (03) months from the issuance of this order.
**Impact Analysis**
**Indian Seafarers (Including Trainees, Cadets, and Novices)**
* **Impact:**
* Enhanced protection against harassment, ill-treatment, abuse, and discriminatory treatment.
* Improved mental health and wellbeing support.
* Potential for a safer and more respectful working environment.
* **Action Required:**
* Report instances of grievance to GRC.
* Cooperate with GRC investigations, providing accurate and complete information.
**Recruitment and Placement Services (RPS) Agencies, Shipowners, Maritime Training Institutes (MTI), Master and Crew, Relevant Authorities**
* **Impact:**
* Increased accountability for the well-being of Indian seafarers.
* Requirement to address and prevent instances of misconduct.
* Possible implementation of new policies and procedures based on GRC recommendations.
* **Action Required:**
* Fully cooperate with the GRC investigations.
* Provide all necessary documentation, records, and personnel.
* Implement recommended measures to prevent future incidents.
Key Entities Referenced
Directorate General of Shipping (DGS): The primary regulatory body issuing the order, responsible for maritime affairs in India.
Grievance Response Committee (GRC): A committee constituted to inquire into complaints of harassment, ill-treatment, abuse, and discriminatory treatment against Indian seafarers.
Merchant Shipping Act, 1958: The underlying legal framework providing the Director General of Shipping with the authority to act.
Indian Seafarers: The group this policy is intended to protect from harassment, abuse, and discriminatory treatment.
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HINISTRY OF PORTS, SHIPPING ANO VYAfTEfRWiAYS
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DIRECTORATE GENERAL OF SHIPPING, MUMBAI
File No.23-CLTI 17I2025-CREW-DGS (Comn. No.: 33481) Datel21.04.2025
DGS Order No. 04 of 2025
Subiect: Constitution of Committee to inquire and investigate into circumstances and
asDects Dertaininq to harassment, ill-treatment. abuse. discriminatory treatment or such
other misconduct towards lndian Seafarers emnloved on board shins causlng or likelv
to cause death. personal iniury, psvcholo cal trauma and such other un-desirable
consequences - reg.
1.
Whereas, the Director General of Shipping, being the statutory authority appointed
under Section 7(1) of the Merchant Shipping Act, 1958, as amended (hereinafter referred to
as the "MS Act, 1958"), is empowered to exercise and discharge the powers, authorities and
duties confered or imposed under the said Act.
2. Whereas, the office ofthe Directorate General of Shipping is in receipt of instances of
complaints and grievances from seafarers and / or their next of kin regarding harassment, ill-
treatment, abuse, discriminatory treatment or such other misconduct towards Indian Seafarers
employed on board ships causing or likely to cause death, personal injury, psychological
trauma and such other un-desirable consequences.
3.
Considering, that circumstances leading to such hostile ship board environment is
capable of causing or significantly contribute to un-desirable consequences including but not
limited to mental distress, physical injury or even loss of life of seafarers, especially trainees,
cadets and such other novices:
4. Noticing, the importance to adequately address the concems, grievances and
complaints received from reliable sources; diligently and effectively and understanding, from
the lessons learnt so as to recommend and implement effective measures to avoid similar
instances in the future; and
5. Recognizing the necessity to bring in accountability of all stake holders, who are
directly or indirectly responsible for the recruitment, employment and / or well-being ol
Indian seafarers, including trainees, cadets and such other novices; by simultaneously treating
the whereabouts ofany informant, information and its source so received as confidential.
6. Examining the modalities adopted for Seafarer grievance and complaint redressal in
the nature of the weekly grievances and crisis management meeting and initiatives like 'Sagar I
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incorporated into the response and administrative framework of goveming executive
framework for the conditions and environment for seafarers.
7.
NOW THEREFORE, by virtue of the powers confened under the Merchant Shipping
Act, 1958 (Act No.44 of 1958) as amended and the rules made thereunder, the Director
General of Shipping taking serious cognizance of all such allegations involving potential
violations of seafarers' rights, breach of duty of care onboard vessels, and general neglect of
mental health and wellbeing of seafarers, especially trainees, cadets and such other novices
do hereby constitute the "Grievance Response Committee" [GRC], to inquire and investigate
into complaints pertaining to harassment, ill-treatment, abuse, discriminatory treatment or
such other misconduct towards Indian Seafarers employed on board ships causing or likely to
cause death, personal injury, psychological trauma and such other un-desirable consequences.
8 The Grievance Response Committee GRC shall comprise of the following:
a. Shri Ajith Kumar Sukumaran, Chief Surveyor - Chairperson
b. Capt S.l. Abul Kalam Azad, Nautical Advisor (l/c) - Member
c.
Capt. (Dr.) Daniel J Joseph, Dy. Director General of Shipping - Member Secretary
d. Capt Nitin Mukesh, Dy. Nautical Advisor, DG Shipping - Member
e.
Capt. Harinder Singh, Nautical Surveyor, DG Shipping - Member
f. -
Legal Consultant (Crew Branch) Advocate Vivek Joy and support from legal
consultant in Crew Branch
9.
The GRC shall take cognizance of complaints, received before or after constitution of
the Committee, with the prior sanction of the Director General of Shipping as the case may
be.
10. The GRC shall examine the factual circumstances, involved in the occurrence or
likely hood of occurrence of the incidents under consideration of the GRC, including but not
limited to the ship board environment, statement ofother fellow seafarers and senior officers,
any available written, audio, or video evidence and to investigate for the purpose of adopting
proactive measures and recommend such measures to be issued by the officers / authorities
concemed so as to mitigate, prevent and / or save any seafarer from ongoing victimization.
l.
I In the event of incidents olthe past being considered by the GRC, it shall monitor the
adjudicatory process initiated by Director Seamen's Employment Office [DSEO], if any; and
in the event of no pending procedures before the DSEO the GRC may make such
recommendations to the officers or authorities concemed who shall take such measures in
accordance with the applicable law and procedures.
t2 The GRC may also recommend measures of general nature including, but not limited
to:
a) Advising the concemed seafarer or NOK regarding the possible measures to be adopted;
b) Recommend measures to pre-empt circumstances, involving potential violations of
seafarers' rights, breach of duty of care onboard vessels, and general neglect of mental
health and wellbeing, whereby the Indian seafarers, including trainees, cadets and such
other novices become prone to developing psychological vulnerability and such
conditions;
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selections or entry level of career at sea.
d) Closely examine methodology and accessibility of information to DG Comm for purpose
of ready reference and response thereof to preempt undesirable acts committed by the
victims such as suicide.
13.
The GRC upon conclusion of its examination, inquiry and / or investigation shall
submit the finalized report with recommendations to the Director General of Shipping. The
report so finalized and submitted by GRC may be used for initiating appropriate measures by
authorized officer or authority in accordance with the MS Act, 1958 as amended and the
Rules made thereunder. The said report shall form part of intemal consultation and reference
of the maritime administration for the purpose of taking such measures as deemed fit, to
avoid similar instances in future.
14.
All stakeholders including the concemed RPS agency, shipowner, Maritime Training
Institute (MTl), Master and crew ofthe vessel, and relevant authorities are hereby directed to
extend full cooperation to the Cornmittee, and make available all necessary documentation,
records, and personnel for the purpose of the inquiry.
15.
The committee may submit an effective framework of suggestions to Director General
of Shipping within a timeline of three (03) months from the issuance of this order.
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