The ongoing US-Iran war has turned some of the world’s busiest shipping routes into increasingly dangerous waters, putting merchant vessels and their crew at risk. For Indian seafarers, the danger is significant as the country is now the world’s second-largest supplier of maritime workers.

According to the BIMCO-ICS Seafarer Workforce Report 2026, India has 311,936 seafarers, accounting for 12.16 per cent of the global seafaring workforce. Of these, 140,718 are officers, while 171,218 are ratings, or non-officer crew members who perform operational, maintenance and support duties aboard ships. India has also overtaken China to become the world’s second-largest source of seafarers, after the Philippines.

Reuters reported on October 7 that the week ending October 5 saw at least 12 attacks, attempted attacks or harassment incidents involving tankers in the Strait of Hormuz, the highest weekly number since the US-Iran war began on February 28.

A large number of Indian seafarers work on ships registered in foreign countries, such as Panama, Liberia, the Marshall Islands and Palau. These are known as Flags of Convenience (FoC). In such cases, it can be harder to determine which country is responsible when a ship comes under attack. Even if Indian citizens are part of the crew, the ship may be registered in another country, limiting India’s ability to intervene directly.

So, what laws protect Indian seafarers when their ships enter or pass through conflict-affected waters?

Merchant Shipping Act, 2025

The primary domestic legislation governing Indian merchant shipping is the Merchant Shipping Act, 2025, which replaced the Merchant Shipping Act, 1958. The new law came into force on March 15, 2026, and aims to bring India’s maritime framework in line with international conventions and standards.

The Act applies primarily to Indian-registered vessels and contains several provisions concerning the safety, welfare and employment of seafarers.

One important protection is repatriation. Section 67 gives seafarers the right to be repatriated at no cost to themselves in circumstances prescribed under the law. Shipowners of Indian vessels are also required to maintain financial security to ensure repatriation.

The law also deals with abandoned seafarers. If a seafarer is left without support, the Indian ambassador at or near the place of abandonment can provide for the seafarer’s return to a proper port and necessary maintenance, with the costs recoverable from the shipowner under the Act.

The Act also provides the statutory basis for rules covering seafarer wages, disputes, health, accommodation, repatriation and protection of seafarers.

Importantly, however, the Act does not mean an Indian seafarer is guaranteed immunity from missiles, drones, attacks or other military action. Physical protection in a conflict zone depends heavily on the vessel’s security arrangements, routing, risk assessments, government advisories and the response of relevant authorities.

Maritime Labour Convention, 2006

The second major framework is the Maritime Labour Convention (MLC), 2006, adopted by the International Labour Organisation (ILO). It is often described as the seafarers’ “bill of rights”.

The MLC establishes minimum standards for working and living conditions on ships. These include employment agreements, wages, hours of work and rest, accommodation, food, medical care, health and safety, complaint procedures and repatriation. For a seafarer working in a conflict-affected area, these provisions become particularly important.

The convention provides a framework for medical care and repatriation, while its rules recognise circumstances in which a ship is bound for a war zone and the seafarer does not consent to go.

India’s Directorate General of Maritime Administration (DGMA) says Indian seafarers are entitled to safe working and living conditions, medical care, social protection and repatriation under applicable national laws and international conventions.

However, Pushpank Kaushik, CEO & head of business development (Subcontinent, Middle East, and Southeast Asia) at Jassper Shipping, told Business Standard that an Indian seafarer working on a foreign-flagged vessel and an Indian-flagged vessel are treated differently under maritime law. He explained that when an Indian is employed on a foreign-flagged vessel, the ship generally remains under the jurisdiction of its flag state, particularly when it is sailing on the high seas.

“India is able to offer consular help to its citizens in the country and communicate with the flag state and authorities in the country the vessel is in. The vessel being in the waters of a third state might also be in the jurisdiction of that state,” Kaushik said.

UNCLOS and the right to navigate

The United Nations Convention on the Law of the Sea (UNCLOS), 1982 provides the broader international legal framework governing the use of the world’s oceans.

UNCLOS recognises the right of ships of all states to enjoy safe passage through a country’s territorial sea, subject to the conditions set by the convention. It also requires coastal states to publicise dangers to navigation that they know about.

This is important for merchant vessels because UNCLOS establishes rules for navigation, territorial seas and international straits. However, it should not be interpreted as a guarantee that a merchant ship cannot be attacked during a war. In other words, UNCLOS helps establish the legal rights and responsibilities governing navigation; it does not function as a shield against missiles, drones or military operations.

Kaushik said jurisdiction becomes more complex when a foreign-flagged vessel carrying Indian crew is attacked. The ship’s master, owner, flag state and local maritime authorities would usually respond first, while India can assist its crew through diplomatic and maritime channels and coordinate with the relevant authorities.

“What India can do will depend on the location and circumstances of the attack. An incident in a port, territorial waters or international waters can involve very different authorities. Indian missions and the Directorate General of Shipping have mechanisms to assist Indian seafarers in serious situations, including cases involving abandonment and other emergencies,” he said.

Government advisories and diplomatic protection

Alongside these laws and conventions, India has been using government advisories and diplomatic channels to protect its seafarers.

The DGMA has issued advisories on the security situation around Iran and the Gulf. In June 2026, it directed shipping companies and recruitment and placement service providers to restrict deployment of Indian seafarers to conflict areas until further orders, except for certain emergency crew changes with consent. It also required monitoring, reporting and communication with Indian missions.

The government has also established emergency communication mechanisms and directed stakeholders to coordinate with Indian missions and consular authorities during distress situations.

India’s response has included repatriation. Union minister Sarbananda Sonowal said in August that more than 4,048 seafarers had been repatriated from the Gulf region following the West Asia crisis.

The DGMA’s current standard operating procedure for vessels and seafarers in maritime security risk areas brings together measures covering risk assessment, reporting, crew protection and coordination with naval and security authorities.

The legal position is therefore layered. The Merchant Shipping Act, 2025 provides the domestic framework for employment, welfare and repatriation; the MLC, 2006 establishes international labour and welfare standards; and UNCLOS governs navigation and the rights of ships at sea.