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India Today
20 hours ago
- India Today
A ship will be arrested in Kerala for its sibling's debts. Here's how and why
An arrest worthy of a Netflix drama took place off Kerala's coast. After the Kerala High Court on Monday ordered the conditional "arrest" of the cargo ship MSC Akiteta II, the vessel owned by MSC Shipping Co, was detained at Thiruvananthapuram's Vizhinjam arrest, however, was not for the MSC Akiteta II's own actions but for the environmental and financial mess left behind by its sister vessel, MSC Elsa III, which was owned by the same MSC Shipping Co, and sank off the coast of Kerala's Alappuzha in court's decision came after the Kerala government, in an admiralty suit, sought Rs 9,531 crore compensation for environmental damage after the shipping vessel capsized off its SHIPPING VESSEL HAS BEEN ARRESTED IN KERALA The MSC Akiteta II, owned by MSC Shipping Co, was detained at Vizhinjam port to secure compensation for the environmental damage caused by its sibling ship, the MSC Elsa MSC Elsa III, carrying 643 cargo containers, sank off Kerala's coast in the second week of May 24. The accident caused extensive environmental damage, with the Kerala Environment Department flagging an "enormous" ecological impact, reported news agency after the accident, tiny plastic pellets (nurdles) were found on beaches in Thiruvananthapuram, which experts said had serious implications for marine and coastal ecosystems, and prompted the state government to seek hefty compensation from the shipping group that owns both the accident, three cashew-importing companies in June approached the Kerala High Court seeking compensation for their losses in the shipwreck. Following which, based on the court order, another sister vessel, MSC Manasa F, was briefly arrested but released after the owners deposited Rs 6 Monday, the Kerala High Court, acting on the claims of damages, ordered to detain the MSC Akiteta II, a sister vessel operated by the same company, to ensure the owners addressed the financial and environmental THE FIRST ARREST OF A SHIP IN INDIAHowever, this isn't the first time a ship has been arrested in India. The practice, though rare, has 2020, a vessel with the Bahamas flag was arrested in Mumbai linked to its unpaid port 2021, another ship was detained in Chennai for damages caused in an oil LAWS ENABLE ARRESTS OF SHIPS IN INDIAThese arrests or detentions of vessels are enabled by India's maritime laws, which seek to ensure accountability, especially when environmental or financial stakes are Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 allows courts to order law enforcement agencies to detain vessels owned by the same entity to secure claims arising from maritime incidents, including environmental damage or cargo 4 of the Act empowers courts to hold sister ships liable, provided they share common ownership, as seen in the MSC Merchant Shipping Act, 1958, and the Environment Protection Act, 1986 also empower Indian authorities to take action against polluters in its territorial waters, which extend 12 nautical miles (approximately 22 kilometres) from its the quasi-judicial body dedicated to environmental protection in India, the National Green Tribunal (NGT), can also address cases seeking compensation for environmental recent arrest of the MSC Akiteta II is in line with India's maritime and environmental laws, which together are mandated to hold global shipping giants accountable for local ecological damage.- Ends IN THIS STORY#Kerala
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First Post
a day ago
- First Post
Why has Kerala ‘arrested' a cargo ship?
The Kerala High Court has ordered the conditional arrest of the Liberian cargo ship MSC Akiteta II. This comes after the state government filed an admiralty suit, seeking Rs 9,531 crore in maritime claims over the sinking of its 'sister' container ship, MSC Elsa III, in May. Here's a look at what is going on read more A Liberian container vessel capsized in Kerala in May. Image Courtesy:@IndiaCoastGuard via PTI Photo Kerala has arrested a foreign cargo ship currently within Indian territorial waters. The Kerala High Court on Monday (July 7) directed the conditional arrest of Liberian container ship MSC Akiteta II. This came after the Kerala government filed an admiralty suit in the court, seeking compensation over the sinking of its 'sister' container ship, MSC Elsa III, in May. The suit has been filed under Section 4 of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017. STORY CONTINUES BELOW THIS AD Let's take a closer look. Kerala HC orders 'arrest' of cargo ship The Kerala High Court ordered the conditional arrest of MSC Akiteta II, anchored at Thiruvananthapuram's Vizhinjam port. This came after the Kerala government sought compensation of Rs 9,531 crore for the alleged pollution off the Kerala coast caused by the sinking of MSC Elsa III on May 25, around 25 km southwest of Alappuzha. The Liberian container ship went down with 640 containers, including those with hazardous substances, plastic pellets, calcium carbide, diesel and furnace oil. The Liberian vessel was carrying over 600 containers, including those with hazardous substances. File Photo/PTI On Monday (July 7), the Kerala government filed an admiralty suit in the High Court to recover Rs 9,531 crores in maritime claims for the purported environmental and economic damage caused by the sinking of the ship. The vessel allegedly released oil and cargo that harmed the marine environment and impacted the livelihood of thousands of fishermen in Kerala. The Kerala government sought the arrest of MSC MV Akiteta II until it was paid the compensation. The suit mentioned the Mediterranean Shipping Company (MSC), one of whose firms runs the MSC Akiteta II. Another company of the group operated the MSC Elsa III. '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 HC order said. STORY CONTINUES BELOW THIS AD Justice MA Abdul Hakhim issued an interim order, allowing Vizhinjam Seaport to implement the warrant and make the arrest. 'MSC AKITETA II, along with her hull, tackle, engine, machinery, spares, gear, apparel, paraphernalia, furniture, etc, presently anchored in Vizhinjam Port, is ordered to be arrested until Rs 9,531 crore is deposited by the 1st respondent in this Court, or until security for the said amount is furnished to the Court's satisfaction,' the court said, as per LiveLaw. In maritime law, a court or other competent authority can detain a vessel to secure a maritime claim against it or its owner. The Kerala High Court will hear the case again on Thursday (July 10). What is an admiralty suit? The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, deals with maritime disputes in India. The legislation allows the filing of admiralty suits for maritime claims such as damage to ships, ownership and agreement disputes, loss of life, wage issues, and environmental damage. This law replaced the colonial-era Admiralty Court Act, 1861, and the Colonial Courts of Admiralty Act, 1890. Section 4 of the Admiralty Act, under which the Kerala government is seeking compensation, states that the High Court '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. STORY CONTINUES BELOW THIS AD In its admiralty suit, the Kerala government is seeking Rs 9,531 crore maritime claims, of which Rs 8,626.12 crore is for environmental damage, and Rs 378.48 crore for environmental restoration and to prevent or remove the damage caused to the environment by the capsized ship. The state has sought Rs 526.51 crore for economic losses suffered by the fishing community in Kerala. With inputs from agencies
Indian Express
a day ago
- 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
New Indian Express
31-05-2025
- General
- New Indian Express
Shore cleanup steps up in Kanniyakumari as container from sunken MSC Elsa III washes ashore
KANNIYAKUMARI: Shoreline protection activities have been intensified a day after a container, from the vessel MSC Elsa III vessel that sank 38 kilometres off the Kochi coast last Sunday, washed ashore at the Vaniyakudi beach in the district on Thursday morning. A team of senior officials from several departments, including the Tamil Nadu Pollution Control Board (TNPCB), oversaw the recovery of the container and the removal of debris, as part of the shore cleaning activities on Friday. Volunteers from various agencies, including MSC Marine Engineering Resources Centre (MERC) in Porbandar, Gujarat, were involved. Eight Navy officers, led by a commander, joined the recovery efforts, while officials from the Gujarat Marine Police took part in a consultation meeting with Kanniyakumari collector Alagumeena. Incidentally, teak wood logs and raw cashews, among other products washed ashore at Chinnavilai in Kanniyakumari coast on Friday, resulting in people gathering along the shore to collect cashews. Sources said various kinds of cargo, including large quantities of nurdles (tiny microplastics), wooden logs, cast iron rods and bags of cashew nuts, have been washing up on the shores between Neerodi and Kadiyapattinam fishing hamlets for the past four days. Seeking cooperation from the public, the collector urged them not to handle the nurdles. The district administration has taken precautionary measures as per the Standard Operating Procedures (SOP) issued by Kerala state disaster management department.
