The Indian seafarer deserves better in choppy high seas
News Context:
- India presented three papers at the 111th Session of the International Maritime Organization’s (IMO) Legal Committee (LEG), held from April 22 to 26, 2024.
- These submissions tackle critical issues concerning seafarers’ security, contractual terms, and broader maritime security challenges.
- India emphasized the necessity for a comprehensive approach to maritime security and advocated for improved contractual conditions for seafarers.
Sea Piracy Resurgence:
- Recent pirate attacks off the coast of Somalia, including hijackings of vessels like the MV Ruen and MV Lila Norfolk in December 2023 and January 2024, indicate a resurgence of piracy.
- India called for vigilance, proactive measures, and international cooperation to combat piracy and safeguard seafarers.
- The impact of unlawful recruitment practices on seafarers’ well-being and international trade was highlighted under the Maritime Labour Convention 2006.
Maritime Industry Challenges:
- The maritime industry, critical for global trade, heavily relies on seafarers who often face challenges and risks.
- India, ranking third globally with 9.35% of global seafarers, confronts these issues, showcasing its vulnerability.
- Addressing piracy necessitates a comprehensive land-based solution, with armed pirates endangering seafarers on nearly 90% of targeted cargo ships.
- Enhanced international cooperation is imperative to ensure uninterrupted navigation and safeguard seafarers amid rising incidents and geopolitical tensions.
Indian Initiative for Seafarers’ Rights:
- In response to these challenges, the Indian government and the National Human Rights Commission (NHRC) initiated the ‘human rights at sea’ campaign.
- This initiative has shed light on abuses against Indian seafarers, including those held in foreign jails or stranded in Indonesia.
- Proactive cooperation among stakeholders and mechanisms to protect human rights in the maritime industry is emphasized.
Support for Seafarers:
- India aims to increase its global seafaring share to 20% within the next 10 to 20 years, with ship management companies playing a pivotal role.
- Despite challenges, Indian seafarers demonstrated resilience and professionalism during the COVID-19 pandemic, enhancing India’s reputation in the global maritime market.
- Recent attacks on commercial ships have heightened safety concerns among Indian seafarers, with some considering leaving their jobs due to security fears.
The reality of the Swacch Bharat Mission
Environment Performance Index (EPI) Ranking:
- In 2022, India was placed at the lowest position among 180 countries in the Environment Performance Index (EPI).
- The EPI evaluates countries based on their performance in addressing climate change, environmental health, and ecosystem vitality.
- It assesses 40 indicators across 11 issue categories, including air quality and access to drinking water and sanitation.
- The government criticized the ranking, arguing that the methodology is flawed and fails to accurately reflect India’s environmental situation.
Challenges of the Swachh Bharat Mission (SBM):
- Sanitation and waste management in India are deeply entrenched in historical caste-based practices.
- Despite efforts by the Swachh Bharat Mission (SBM) to promote sanitation as a collective responsibility, caste-based practices persist.
- While the SBM has been politically successful, it requires significant investment in capital-intensive technologies to effectively address sanitation issues.
Discrepancies in Reporting:
- The government claims India is open defecation-free, but this assertion is contradicted by reports, such as one from the Comptroller and Auditor General in 2020 highlighting the poor quality of toilet construction.
- Manual scavengers are still employed to clean septic tanks, with sludge often disposed of unsafely into water systems.
- The SBM aimed to mechanize waste management processes, but the technology has failed to deliver as promised.
Evaluation of Development Models:
- While the EPI offers a comprehensive assessment, it also reveals the unsustainability of India’s development practices.
- Recent legal judgments, such as those by the Supreme Court, have highlighted the nexus between climate change and fundamental human rights.
- Climate scientists attribute current environmental challenges to human activities and systemic issues.
On the National Clean Air Programme
NCAP Objectives and Revisions:
The National Clean Air Programme (NCAP), launched in 2019, aimed to reduce atmospheric Particulate Matter (PM) concentration by 20-30% from 2017 levels by 2024, later revised to 40% by 2026.
Challenges in NCAP Implementation:
- Under NCAP, cities with consistent violations of annual PM levels are required to develop and implement Clean Air Action Plans (CAAPs) annually.
- While most cities have submitted CAAPs, their implementation has been inconsistent.
- Only 60% of allocated funds have been utilized on average, with many cities spending less than 30% of their designated budgets.
Underlying Issues:
- Implementation delays, including approval delays from competent authorities, hinder NCAP’s success.
- Lack of standard operating procedures and well-defined timelines for implementation contribute to delays.
- Bureaucratic hurdles and doubts about proposed mitigation measures also pose challenges.
Role of Scientific Tools:
- Emissions Inventory (EI) and Source Apportionment (SA) studies are essential for identifying and understanding pollution sources.
- EI provides insights into local pollution sources and helps shape targeted pollution control strategies.
- SA studies offer detailed analysis of contributions from various sources but are resource-intensive.
- Air Quality (AQ) modeling informs understanding of pollution dispersion, especially from distant sources.
Utilization of Scientific Tools:
- Cities should utilize EI and SA data to target pollution sources and plan mitigation measures.
- However, only 37% of cities have completed EI and SA studies according to the Portal for Regulation of Air-pollution in non-attainment cities.
- Cities need to set proper yearly targets and allocate funds based on their potential and infrastructure.
- A shift towards comprehensive strategies addressing both primary and secondary pollutants is crucial.
Requirements for NCAP Success:
- Swift implementation on the ground is crucial for NCAP’s success.
- Implementation agencies should streamline processes and reduce bureaucratic hurdles through standardized technical evaluations.
- Initial plans should include technical feasibility, budgeting, and time estimates to ensure effective implementation.
RBI tells ARCs to maintain ₹300 crore in net owned fund by FY26
RBI’s Regulation for Asset Reconstruction Companies (ARCs):
- The Reserve Bank of India (RBI) issued a ‘Master Direction’ for Asset Reconstruction Companies (ARCs), directing them to gradually maintain a minimum net owned fund (NOF) of ₹300 crore by FY26.
- The Master Direction became effective on April 24, 2024.
- Failure to comply with the NOF requirement will result in supervisory action against the ARC until it achieves the specified minimum NOF.
- ARCs are permitted to engage solely in securitization and asset reconstruction activities as outlined in Section 10 of the Act.
- However, ARCs with a minimum NOF of ₹1,000 crore are eligible to participate as Resolution Applicants under the Insolvency and Bankruptcy Code (IBC).