Ship accidents and court proceedings

Concerns are mounting over the potential environmental damage caused by two cargo ships involved in accidents in the Arabian Sea, particularly in Kerala's coastal waters. The spread of oil in the sea and the presence of hazardous chemicals in the containers have raised fears of contamination affecting marine life. This has led to public hesitation in purchasing fish, severely impacting the livelihood of fishermen and seafood vendors. In this context, the recent Kerala High Court directive holding the shipowners fully accountable for the losses resulting from such maritime accidents is not only appropriate and welcome but also serves as a strong warning.

The court emphasised that the costs of dealing with the aftermath of such incidents should not come from public funds. This observation underscores the importance of safeguarding taxpayer money for welfare and development projects, not for covering damages caused by accidents in which the public has no role. However, as with many other disasters, it remains challenging to accurately assess the long-term and often irreversible ecological damage to the environment and biodiversity. With the High Court’s intervention, the responsibility now lies with the state government to swiftly implement all necessary official procedures.

On the same day, the High Court also issued an order to detain a vessel owned by MSC, in connection with a petition filed by five traders — including those dealing in cashew — seeking compensation for goods lost aboard the sunken cargo ship MSC ELSA-3 near the Kochi coast. Fearing the implications of detainment, the company quickly deposited Rs 5.97 crore with the court as security. The Indian government has issued a final ultimatum to MSC, the shipowner, to stop the ongoing oil leakage from the sunken vessel within 48 hours. Considering all factors, the damage caused by ELSA-3, an aging cargo vessel, could cost MSC hundreds of crores in compensation. It is almost certain that MSC, a global shipping giant, will resort to extensive legal battles to limit its liabilities. Anticipating this, it is the government’s duty to ensure watertight legal action.

With the Vizhinjam International Seaport set to become operational and an increasing number of cargo vessels expected along Kerala’s coast, there is an urgent need to establish a clear protocol for managing such maritime accidents. The state government has already appointed three expert committees to assess the environmental impact of the Kochi shipwreck. These committees must expedite their work, and based on their findings, the government should calculate the compensation claim to be filed against MSC in court. There must be no room for the usual bureaucratic delays — especially when dealing with cases involving large multinational corporations.