Latest news with #AdmiraltyAct
Indian Express
09-07-2025
- Politics
- Indian Express
Ship ‘arrested' after Kerala claims damages: How do admiralty suits work?
The Kerala High Court on Monday ordered the conditional 'arrest' of Liberian container ship MSC Akiteta II, currently anchored at Thiruvananthapuram's Vizhinjam port, over compensation claims arising from the sinking of the MSC Elsa III in May. The order came after the Kerala government filed an admiralty suit — a legal proceeding pertaining to maritime law and disputes — in the High Court. The suit named the Mediterranean Shipping Company, one of whose firms operates and manages the MSC Akiteta II. Another company of the same group operated the MSC Elsa III. The government has sought compensation of Rs 9,531 crore for the alleged pollution of Kerala's marine ecosystem due to the sinking of MSC Elsa III on May 25, around 25 km southwest of Alappuzha. The ship went down with more than 600 containers, some of which carried plastic pellets, hazardous substances, and diesel. What law governs maritime disputes? The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 governs maritime disputes in India. Under the Act, admiralty suits can be filed for maritime claims such as damage to ships, ownership and agreement disputes, loss of life, wage issues, and environmental damage. The 2017 law replaced the colonial-era Admiralty Court Act, 1861, and Colonial Courts of Admiralty Act, 1890. The previous laws gave jurisdiction only to the High Courts of Bombay, Calcutta and Madras, as these were the only major ports in India earlier. Now, the HCs of Kerala, Karnataka, Odisha, Telangana and Andhra Pradesh also have jurisdiction over maritime disputes. The jurisdiction of the courts extends up to the territorial waters of their respective jurisdictions. The limit of territorial waters is up to 12 nautical miles from the nearest point of a low-water line along the coast. This also includes the seabed, subsoil (the layer of soil under the topsoil on the surface), and airspace above it. What does the law say about claims over environmental damages? The Kerala government has sought compensation for environmental damage under Section 4 of the Admiralty Act. This section states that the HC 'may exercise jurisdiction to hear and determine any question on a maritime claim, against any vessel, arising out of…damage… caused by the vessel to the environment…; measures taken to… remove such damage; compensation for such damage,' etc. Apart from the Admiralty Act, other laws too address issues of compensation and accountability in such cases. Under the Merchant Shipping Act, 1958, ship owners are liable for oil pollution damage in the event of leaks. The Environment Protection Act, 1986 empowers authorities to take action against polluters. The National Green Tribunal (NGT) can also be approached to seek environmental compensation. In 2016, the Tribunal ordered a Panama-based shipping company to pay Rs 100 crore in damages for an oil spill after its vessel M V Rak sank off the Mumbai coast in 2011. So what does Kerala's admiralty suit say? The Kerala government's admiralty suit sought the arrest of the MSC Akiteta II until compensation was paid to the state. In maritime law, the arrest of a ship refers to a legal procedure where a court or other competent authority detains a vessel to secure a maritime claim against it or its owner. The court found merit in the maritime claims of the Kerala government, it ordered the detention of the MSC Akiteta II until Rs 9,531 crore was deposited or security was furnished by the owners of the vessel. 'It is averred in the plaint that the damage occurred on account of oil pollution caused by the said vessel and pollution caused by the cargo in 643 containers carried in the said vessel. It is averred that the compensation is computed in accordance with the Central Pollution Control Board Guidelines,' the court order said. Of the Rs 9,531 crore claim, Rs 8,626.12 crore has been sought for environmental damage caused due to the sinking of MSC Elsa III, and Rs 378.48 crore for the remediation work to minimise, prevent or remove the damage caused to the environment by the capsized ship. An amount of Rs 526.51 crore has been sought for economic losses caused to fishermen in Kerala. An award-winning journalist with 14 years of experience, Nikhil Ghanekar is an Assistant Editor with the National Bureau [Government] of The Indian Express in New Delhi. He primarily covers environmental policy matters which involve tracking key decisions and inner workings of the Ministry of Environment, Forest and Climate Change. He also covers the functioning of the National Green Tribunal and writes on the impact of environmental policies on wildlife conservation, forestry issues and climate change. Nikhil joined The Indian Express in 2024. Originally from Mumbai, he has worked in publications such as Tehelka, Hindustan Times, DNA Newspaper, News18 and Indiaspend. In the past 14 years, he has written on a range of subjects such as sports, current affairs, civic issues, city centric environment news, central government policies and politics. ... Read More
The Hindu
01-07-2025
- The Hindu
Shipwreck: PIL filed before Kerala HC seeking environmental security deposit
Social activist and president of Kerala Fish Workers Coordination Committee and Swathanthra Matsya Thozhilali Union Charles George has filed a public interest litigation (PIL) before the Kerala High Court, seeking $134 million as environmental security deposit, citing, among others, the threat to marine biodiversity following the sinking on May 25 of a container vessel MSC ELSA 3, approximately 14.60 nautical miles off the Alappuzha coast. The vessel was carrying 643 containers, including 244 with hazardous and noxious substances, 58 with foreign waste, and over 450 metric tonnes of marine fuel. Despite the confirmed presence of this dangerous cargo, neither adequate wreck removal nor oil extraction has been carried out. In his petition, Mr. George said that one of the gravest concerns emerging from the sinking of the vessel was the apparent and deliberate misdeclaration or non-declaration of cargo, which not only violated Indian Customs laws and international maritime conventions but also posed significant risks to public safety, national security, and environmental integrity. The incident has in turn triggered catastrophic ecological, economic and legal consequences. The hazardous materials in the containers and bunker oil pose severe risks to Kerala's marine biodiversity, particularly during the monsoon fish spawning season. Oil sardines, a vital source of income for Kerala's coastal fishermen, are at risk of extinction due to this maritime disaster. The incident has exposed glaring regulatory failures — cargo misdeclaration, lack of advanced container scanning at ports, insufficient port State control (PSC) measures, and a disturbing attempt to evade liability through corporate structuring. This has also made arrest under the Admiralty Act ineffective, necessitating urgent judicial directions to secure $134 million as environmental security deposit before the court as interim security for environmental and economic damage, Mr. George said in his petition. Through this PIL, he sought urgent and comprehensive relief to mitigate the environmental, legal and economic fallout of the ship sinking incident. He also sought a direction to arrest any MSC vessel within India's Admiralty jurisdiction to secure maritime claims and a direction for an immediate and independent investigation into the gross cargo misdeclaration, an order mandating the installation of advanced scanning, detection and verification infrastructure at all Indian ports and a time-bound, court-monitored wreck removal and environmental remediation operation.
The Hindu
19-06-2025
- Politics
- The Hindu
Kerala HC defers negotiation initiated by State with MSC on compensation for damage due to sinking of container ship
The Kerala High Court on Thursday deferred the negotiation process initiated by the State government with the Mediterranean Shipping Company (MSC) on the compensation for the damage caused by the sinking of the firm's container ship MSC Elsa 3 off the Kerala coast on May 25. The interim order was passed on a public interest litigation (PIL) filed by T.N. Prathapan, former MP and the chairperson of Kerala Fishermen Coordination Committee, and others seeking a directive to the Union and State governments, among others, to release interim financial assistance to fishers and others affected by the ship's sinking and subsequent environmental concerns. High-level panel The other demands included constitution of a high-level expert committee to assess the damage caused to the marine environment and the coast, directive to the Indian Coast Guard, State government and the Kerala State Pollution Control Board to clear all waste, debris and chemicals from the ship and to clean up the marine environment. While taking note of the affidavit filed by the State government informing that a committee had been formed to determine the compensation for the damage caused by the sinking, restoration of the coastal and marine environment, removal of wreckage and the economic losses caused to the fishers, the court questioned whether the out-of-court negotiations, particularly when a legal course of action under the Admiralty Act is still open, would result in a binding agreement. It further questioned whether it could have transparency, the extent of the damage assessed, and also whether the court's jurisdiction would be affected. Once the State has proposed to move the court, it would be appropriate that the avenue of negotiation is deferred. On its part, the State government said the Special Secretary (Department of Environment) was appointed as the Principal Impact Assessment Officer and that it has been decided to take steps under the Environment Protection Act. Meeting convened In addition, the Minister for Fisheries convened a meeting with all stakeholders, and the Fisheries department has forwarded the loss assessment report to the Special Secretary. Moreover, the Director General of Shipping has directed the State to submit an interim claim. The State also said that it has decided to file an admiralty suit against the company, including the arrest of a sister vessel of MSC.
