A ship will be arrested in Kerala for its sibling's debts. Here's how and why
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 III.The 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 PTI.Days 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 humans.This prompted the state government to seek hefty compensation from the shipping group that owns both vessels.After 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 crore.On 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 fallout.NOT 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 precedents.In 2020, a vessel with the Bahamas flag was arrested in Mumbai linked to its unpaid port dues.In 2021, another ship was detained in Chennai for damages caused in an oil spill.HOW 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 high.The 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 loss.advertisementSection 4 of the Act empowers courts to hold sister ships liable, provided they share common ownership, as seen in the MSC case.The 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 coastline.Moreover, the quasi-judicial body dedicated to environmental protection in India, the National Green Tribunal (NGT), can also address cases seeking compensation for environmental damages.The 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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