The Supreme Court convened on Monday to consider a Public Interest Litigation concerning the reported deaths of three Indian sailors amidst the ongoing Russia-Ukraine conflict. During the proceedings, the petitioner’s counsel emphasised that little action had been taken by the involved nations, including India, to address the sailors’ plight.

Hearing of Public Interest Litigation

In his address to the court, the counsel alleged that the Ministry of External Affairs (MEA) had not taken sufficient measures to ascertain the status of the sailors. The government’s representatives, however, informed the bench that Indian embassies were maintaining communication with their counterparts in Ukraine, Romania, and other countries to follow up on the situation. The lawyer also mentioned that the Romanian ambassador had indicated that no search-and-rescue operations had been conducted following 26 July. This assertion raised several concerns about the continuing involvement of countries in securing the sailors’ wellbeing.

Judicial Observations and Government’s Limitations

Chief Justice of India remarked on the unfortunate circumstances faced by the missing seamen, highlighting the hostile environment within a foreign nation’s territory. In a rather pointed inquiry, the Chief Justice asked the representative if they expected Delhi Police to be dispatched to Ukraine.

The government’s counsel, J Bagchi, responded by outlining the challenges faced by the Indian government in addressing incidents occurring in the sovereign territory of another state. He remarked that none of the nations directly involved had officially declared war, which limited India’s legal recourse under international humanitarian law, including the Geneva Conventions.

Bagchi indicated that the MEA’s primary role at this point could be to assist the sailors’ families in pursuing compensation from relevant shipping companies. The court further probed him, asking whether the government was merely assessing the incapacity of the involved agency or taking substantive action to facilitate compensation.

In response, Bagchi acknowledged the challenges, stating that compensation could not be awarded without an official death certificate.

Concerns Regarding Employment Conditions

With an emphasis on the number of fatalities, the counsel maintained that ordinary sailors would not willingly choose assignments in such perilous regions. He urged the court to scrutinise the employment contracts of the sailors to ascertain the circumstances leading to their deployment in these hazardous areas.

Asking for additional time to present more documents, the counsel stated, “Please grant me time to file some documents.” The Supreme Court subsequently adjourned the proceedings, indicating that the matter would be addressed further in due course.

International Developments in the Conflict

In a related matter, US diplomats Steve Witkoff and Jared Kushner landed in Kyiv on Sunday for an official visit aimed at reviving dialogue to resolve the ongoing Russia-Ukraine war. Their arrival occurred one day after they concluded talks in Moscow with Russian President Vladimir Putin that lasted over three hours.

Ukraine has consistently opposed Russian demands for the withdrawal of Ukrainian forces from parts of the eastern Donetsk and Luhansk regions still under its control. Recent US diplomatic efforts have faced challenges, particularly due to a shift in focus towards the situation in Iran during the past six months.

Long or Short, get news the way you like. No ads. No redirections. Download Newspin and Stay Alert, The CSR Journal Mobile app, for fast, crisp, clean updates!

App Store –  https://apps.apple.com/in/app/newspin/id6746449540 

Google Play Store – https://play.google.com/store/apps/details?id=com.inventifweb.newspin&pcampaignid=web_share