Legal Issues Relating To Stowaways On Ships: Balancing Maritime Security And Human Rights
Sritrisha S, BBA LLB (Hons.), School of Excellence in Law, TNDALU.
I. ABSTRACT
The issue of stowaways on ships presents complex legal challenges at the intersection of maritime security, immigration control, State responsibility, maritime safety and human rights protection. A stowaway is a person who secretly boards a vessel without the consent of the shipowner, master or other responsible person and is subsequently discovered aboard the ship. With increasing international maritime movement, stowaway incidents have created difficulties concerning their identification, detention, disembarkation, repatriation and the allocation of responsibility among shipowners, flag States, port States and other competent authorities. This research examines the legal framework governing stowaways under international maritime law, particularly the Convention on Facilitation of International Maritime Traffic 1965 (FAL Convention), the International Convention for the Safety of Life at Sea 1974 (SOLAS), the International Ship and Port Facility Security Code (ISPS Code), and relevant human rights and refugee-law principles. It analyses the responsibilities of States and maritime actors in maintaining maritime security while protecting the safety, dignity and fundamental rights of stowaways.
The study further examines issues relating to detention, financial responsibility, asylum claims, non-refoulement and repatriation, with reference to relevant judicial decisions and the current Indian legal framework under the Merchant Shipping Act 2025. The research identifies gaps arising from fragmented responsibilities, prolonged onboard detention, financial burdens and the absence of uniform procedures for protection screening and resolution of stowaway cases. It proposes a coordinated balancing approach under which preventive maritime-security measures are combined with humane treatment, appropriate governmental assessment and lawful resolution of protection and return claims. The paper ultimately argues that maritime security and human-rights protection should operate as complementary obligations within an effective and coordinated stowaway regime.
Keywords: Stowaways, Maritime Law, Maritime Security, FAL Convention, SOLAS, ISPS Code, Human Rights, Non-Refoulement, Repatriation, Merchant Shipping Act 2025.
