4 days ago
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
