Sunday, August 04, 2013

handling the physical violence on ships

(reference from a Facebook discussion ) the coercion is still happening, as what many of us would have protested out. However, the '8 witness issue' can be proceeded in a court case. That is why I say that 'many' witnesses will be required, meaning to say not just one, two ,three, ''a select chosen few'',.... but many, perhaps the whole of ship's crew. Infact , it is possible to challenge the witness of the entire ship crew too, if the lawyers start examining as to what actions did the master take after obtaining the witness signature of ''his chosen 8 crew'', or even the entire crew. master must involve the Shipping Master now, instead of acting all be himself - the victim, the investigator and the judge . The case which I am following, mentioned here in the JOBSHIPS forum, I guess it is still easy to catch on the master to be at fault, only because he has not done certain actions in accordance with the logical procedures. In general, if the Master has signature of all the crew as witness, he should inform everyone and MUST land that person since that person is ''provenly'' a threat to the ship, master and the crew. Absence of this action will trigger a reverse action against the master himself. In the case which @Kunal mentions Since nobody has taken the matter to the authorities, the message which has gone to the people is that ''it 's the Master's way, all the way''.

 One more thing I would like to mention is that , in my opinion, a case of molestation, physical violence, or 'manhandling', in the absence of an evidence to the contrary, the Hierarchical Justice might follow . That is, the one who is on the junior rank would have to suffer against the senior, if the claim from a senior rank person is that the junior actually 'molested' or 'tried to molest'. In my view, any case of molestation must meet a conclusion, since violence MUST essentially be curbed on board, and that evidencing often times is a very big challenge. There are enough legal support made available to the crew to protect the infringements of their rights, but ship's hierarchy works only on the basis of discipline and obedience. If that is put to question via the claim of a senior rank person claiming to have suffered molestation by a junior, if there is no evidence to the contrary such as a proof of senior having molested the junior, or that the physical built of the senior invites a challenge to claim of suffering molestation from a junior, the Hierarchical Justice should become an agreed way. that is, give punishment to whosoever is junior among those who were involved in the physical dispute.