Latest news with #AdmiraltyAct
The Hindu
2 days ago
- 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.
