Kerala HC to Centre, State: 'Act now, don't make it a habit' on ship mishaps

The Kerala High Court has issued a strong directive to both the Central and State governments, urging immediate and strict action to prevent a recurrence of ship accidents off the Kerala coast. Observing that inaction would "normalise such accidents," the court emphasized the need for a thorough examination of existing laws and international agreements. This stern stance comes in response to two recent incidents: the sinking of the Liberia-flagged MSC Elsa 3 on May 25 with hazardous cargo, and a fire on the Singapore-flagged container ship Wan Hai 503 that raged off the Beypore coast until Friday morning.

During its hearing of a public interest litigation (PIL) filed by former MP TN Prathapan, the court categorically stated that all losses incurred, including those from environmental damage, must be recovered directly from the responsible shipping companies, rather than from public funds. The court also highlighted the importance of thoroughly investigating the environmental impact caused by these incidents. Both governments have been directed to submit details of measures taken thus far, and the High Court plans to appoint an amicus curiae to assist in the matter, underscoring the gravity of the situation.

While the state government initially argued that responsibility lay with the Centre due to the accidents occurring in India's Exclusive Economic Zone (EEZ) under the Merchant Shipping Act, the court clarified that action could also be taken under the Admiralty Act, allowing for the arrest of the ships. It further noted that the district collector could invoke provisions under this Act. The High Court also inquired into the possibility of the National Investigation Agency (NIA) taking up the matter, especially if a complaint citing environmental law violations is filed. The petitioner has been directed to amend the PIL to include both recent ship accidents, ensuring a comprehensive legal address to these recurring maritime mishaps.