The Orissa High Court has directed the Union Government and concerned maritime authorities to disembark the crew of the stranded foreign oil tanker MT Unity and facilitate their repatriation within three weeks.
Justice R K Pattanaik delivered the pivotal ruling while hearing a writ petition filed by the vessel’s master, Russian national Istyagin Evgeny Nikolaevich. The court declared that the 23 crew members aboard had officially been abandoned by the ship’s owner under the Merchant Shipping Act following months of neglected wages, dwindling essential supplies, and unarranged crew changes.
A Crisis Anchored Off Paradip
The Cameroon-flagged tanker arrived at Paradip Port in May to discharge a cargo of Russian crude oil. Shortly after arrival, the ship became entangled in three separate admiralty suits over financial claims against its owner, leading to a formal arrest order by the High Court.
While commercial legal battles played out onshore, the master and 22 crew members—comprising 20 Russian nationals, two Egyptians, and one Kazakhstani—remained trapped aboard the vessel. As the months dragged on, conditions deteriorated sharply:
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Unpaid Wages: The crew had received no compensation since May.
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Depleted Supplies: Food and drinking water stocks reached critically low levels.
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Inaction by Owners: Neither the shipowner nor local agents took effective measures to relieve or repatriate the crew.
In his petition, Captain Nikolaevich emphasised that foreign seafarers operating within Indian territorial waters are entitled to the fundamental right to live with dignity, as guaranteed under Article 21 of the Constitution of India.
Court Intervention and Human Rights Enforcement
Recognising the severity of the situation, the High Court first took up the matter in August, issuing notices to central authorities and directing the Paradip Port Authority to clear hazardous sludge from the tanker as an interim safety measure. The Ministry of External Affairs subsequently confirmed it was maintaining continuous contact with the Russian Consulate General in Kolkata to monitor crew welfare.
While the vessel’s insurer eventually stepped in to clear wage arrears and supply emergency provisions, the underlying issue of crew abandonment required judicial intervention.
In its ruling, the High Court emphasised that while commercial disputes over the arrested vessel will proceed through legal channels, the human crew cannot remain collateral damage. Authorities have been directed to organise immediate disembarkation and travel arrangements, while simultaneously deploying a replacement crew to maintain the mared tanker’s safety off Paradip. The court noted that all expenses incurred during the disembarkation and repatriation process may subsequently be recovered from the shipowner or liable parties.
