Mumbai: The Directorate General of Shipping (DGS) and the Ministry of Shipping has informed the Bombay High Court that there is no blanket restriction on Indian seafarers holding Certificates of Competency (CoC) from Honduras, Panama and other countries. The clarification came during the hearing of multiple petitions challenging a recent circular issued by the Directorate General of Shipping.
Petitioners Say Circular Arbitrary, Halts Careers of Seafarers
The petitions filed by seafarers Manish Sharma, Gaurav D.S. Porwal and others sought to quash the circular issue on July 18. The petitioners have argued that the circular is arbitrary and unconstitutional. They claim it bars Indian seafarers with valid foreign-issued CoCs and Certificates of Proficiency (CoPs) from continuing their employment, effectively halting their careers.
Court Asked to Declare Circular Ultra Vires of Shipping Act
The petitioners also sought a declaration that the circular is ultra vires of Sections 115 [Power to prohibit engagement of persons as seamen] and 95(3) [business of seamen's employment offices] of the Merchant Shipping Act, 1958. They urged the Court to direct the authorities to restore recognition of all foreign-issued CoCs and CoPs obtained before the circular came into effect.
Manisha Jagtap, representing DGS and ministry of shipping, submitted an affidavit on behalf of the director general, Mugilrajan Devrajan which clarified that the circular does not ban seafarers from sailing.
“The impugned circular… does not impose any blanket restriction or prohibition… It merely mandates verification of certificates… in the interest of safeguarding maritime safety and regulatory compliance,” the affidavit read. “At no point does the circular prevent any seafarer from lawful deployment.”
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Matter Adjourned; Next Hearing Scheduled for September 26
Jagtap further clarified that there is no requirement of permission from the DGS for signing on or off on the basis of CoCs issued by foreign authorities. The intention is only to verify authenticity and inform the issuing countries in case of fraudulent documentation. The Court has scheduled the matter for further hearing on September 26.
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