The Orissa High Court stated that the right to live with human dignity guaranteed under Article 21 of the Constitution applies equally to foreign nationals inside India's territorial jurisdiction. The court directed the central government to secure the disembarkation and repatriation of 23 seafarers stranded on an abandoned vessel at Paradip Port.
The master and 22 other crew members stayed aboard the tanker following its arrest. Information from the Russian Consulate General in Kolkata indicated that 20 of the crew members are Russian citizens, two are from Egypt, and one is from Kazakhstan.
The high court issued this ruling while addressing a petition brought by Istyagin Evegeny Nikolaevich, a Russian citizen and master of the vessel MT Unity. The ship had been anchored at Paradip since May 11 after facing arrest over maritime claims.
Justice RK Patnaik emphasized in the October 6 order that foreign citizens cannot be denied fundamental protections regarding life simply because they lack Indian citizenship. The court noted that the right to life extends beyond mere animal existence to encompass living with dignity within a humane and healthy environment, meaning the crew could not remain stranded indefinitely while financial claims against the vessel stayed unresolved.
The Cameroon-flagged tanker arrived to unload Russian crude oil and remained under arrest due to three admiralty suits concerning commercial disputes with its owner. Nikolaevich pointed out in his petition that both the shipowner and charterer deserted the ship and its personnel, depriving them of steady provisions, clean drinking water, and compensation.
The crew members faced months of abandonment while their employment agreements expired and conditions regarding safety and operations worsened on board. Citing sections 304 and 311 of the Merchant Shipping Act concerning stateless vessels and governmental authority over abandoned ships, the court determined the central government cannot sidestep its responsibilities when a ship and its crew are abandoned.
Under Section 92 of the Merchant Shipping Act, the central administration must organize a replacement crew if a shipowner deserts a vessel and fails to provide necessary care, with expenses later recoverable from the owner or agent. Concluding the proceedings, the court directed the central government, the Shipping Master from the Mercantile Marine Department, and related maritime authorities to quickly swap out the crew, manage their sign-off and disembarkation, and arrange their secure return home within three weeks.