Shipwrecks, Spills, Silence: Kerala’s Maritime Disasters Expose Legal Loopholes

Two shipwrecks near the Kerala coast, taking place within a span of 15 days, have raised serious concerns among fisherfolk, environmentalists, and maritime experts, and have troubled the Kerala government. On 24 May, the Liberia-flagged container vessel MSC ELSA 3 developed a 26-degree list approximately 38 nautical miles southwest of Kochi. The vessel had departed from Vizhinjam Port on 23 May and was en route to Kochi, with an estimated time of arrival on 25 May. However, it sank on 25 May. All 24 crew members were successfully rescued by the Indian Coast Guard. MSC ELSA 3 was carrying 640 containers, including 13 containing hazardous materials and 12 with calcium carbide. The ship also had 84.44 metric tonnes of diesel and 367.1 metric tonnes of furnace oil in its tanks. In response to the incident, the Indian Coast Guard activated a comprehensive pollution response protocol and is working closely with the state administration to address all potential environmental threats. Hazardous Cargo Spill Off Kerala Coast: Experts Warn of 'Lasting' Marine DamageFollowing the sinking off the Alappuzha coast, concerns were raised about a possible oil spill. The Indian Coast Guard responded swiftly, deploying ICG Ship Saksham, equipped with pollution control gear. A Dornier aircraft was also deployed for aerial surveillance and to disperse oil spill dispersant (OSD) as part of the containment operation. In addition to the oil spill threat, several containers from the sunken MSC ELSA 3 washed ashore along the Kerala coast. According to a note from the Directorate General of Shipping dated 9 June, a total of 51 out of 61 containers that drifted ashore have been successfully recovered and returned to port. Salvage operations are ongoing to recover the remaining 10 containers. Just weeks after the MSC ELSA 3 incident, another maritime emergency unfolded off the Kerala coast. On 9 June, the Singapore-flagged container vessel MV WAN HAI 503, located approximately 130 nautical miles northwest of the Kerala coast, reported fires and explosions midship, extending to the container bay ahead of the accommodation block. According to the Indian Coast Guard's update on 10 June, the forward bay fire has been brought under control, but thick smoke continues to emerge, and the vessel is listing approximately 10–15 degrees to port. Several containers have also fallen overboard. The Indian Coast Guard has launched extensive firefighting and containment operations. ICG ships Samudra Prahari and Sachet are engaged in firefighting (Fi-Fi) operations and boundary cooling, while ICG ship Samarth, along with salvage teams, is being deployed from Kochi. For India’s Maritime Coordinator, Pak & China Will Be Biggest ChallengesDespite the environmental damage caused by toxic materials and plastic nurdles from the containers of MSC ELSA 3—which began polluting the sea and Kerala’s coastline on 24 May—and the resulting threat to the livelihood of local fishermen, the Kerala government did not file a police case against the shipping company.According to official documents that surfaced on 29 May, a high-level meeting was held under the chairmanship of Chief Minister Pinarayi Vijayan, attended by the Director General of Shipping, Shyam Jagannathan, and the state chief secretary.During the meeting, the state reportedly decided not to immediately initiate legal action against the company responsible for the vessel. An official document accessed by The Quint states: “MSC is a reputed company which patronises the Vizhinjam International Seaport, and the company requires the goodwill of Kerala for their operations here. It is also in their interest to cooperate with Kerala and settle the claims through the insurance agency. Considering all these aspects, our claim should be based on strong evidence and without any compromise.”In 2016, the Ministry of Home Affairs had issued a gazette notification under the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976, empowering 10 coastal police stations across the east and west coasts to investigate offences committed by any person within India’s Exclusive Economic Zone (EEZ). These police stations include Fort Kochi Coastal Police Station (Kerala and Lakshadweep), Navibandar Coastal Police Station (Gujarat), Yellow Gate Police Station (Maharashtra and Daman & Diu), Harbour Coastal Security Police Station (Goa), Mangalore Coastal Security Police Station (Karnataka), B5 Harbour Police Station (Tamil Nadu and Puducherry), Gilakaladindi Police Station in Machilipatnam (Andhra Pradesh), Paradeep Marine Police Station (Odisha), Nayachar Coastal Police Station (West Bengal), and the Central Crime Station in Port Blair (Andaman and Nicobar Islands). Speaking to The Quint, VJ Mathews, a senior advocate with over 42 years of experience practicing law in the Indian High Courts and the Supreme Court, as well as in arbitration and maritime law both in India and internationally, stated that without filing an FIR, neither the state government nor the union government has any standing to claim compensation. “Citing nautical mile limitations is not a valid reason. In 2012, we filed a case against two Italian marines aboard the MV Enrica Lexie for firing at and killing two Indian fishermen off the Kerala coast. Now, in the case of MSC Elsa 3, if we are to hold the vessel’s company accountable for polluting the marine environment, affecting the livelihood of fisherfolk, and endangering our lives—as we are also part of the food cycle—the government must first initiate penal proceedings."VJ MathewsMathew was the former and first Chairman of Kerala Maritime Board, and also the member of the International Maritime Transport Law Committee – IBA, responsible for Asia Pacific Region.In MV Enrica Lexie case, Kerala police had formally registered a First Information Report (FIR) against the two Italian marines on 17 February 2012, under charges including murder under Section 302 of the Indian Penal Code. The next night, on 19 February, 2012, the Kerala Police arrested Massimiliano Latorre and Salvatore Girone, who were subsequently remanded to judicial custody following interrogation in Kochi.This was followed by the controversial shooting incident which occurred in 2012 approximately 20.5 nautical miles off the Kerala coast, within India’s Contiguous Zone xtending from 12 to 24 nautical miles from the baseline.Although outside India’s territorial waters (which end at 12 nautical miles), the area falls under Indian jurisdiction for certain legal purposes, including security and customs enforcement. An international tribunal under UNCLOS (2020) held the marines immune as state officials, leaving jurisdiction to Italy while India could seek compensation. In 2021, India’s Supreme Court closed the criminal case after Italy paid Rs 10 crore to victims’ families Nature Doesn’t Cause Disasters, We DoAt the time of writing this story at 3 PM on Wednesday, 11 June, The Quint got hold of the copy of an FIR filed against the owner, ship master, shipping crew and others of MSC ELSA 3 on the basis of a complaint filed a C Shamji, a fisherman from Alappuzha, in Kerala. The Fort Kochi Police Station have invoked Sections 282, 285, 286, 287, 288, and 3(5) of the Bharatiya Nyaya Sanhita (BNS) in the case. Section 282 deals with rash navigation of a vessel, stipulating that anyone navigating a vessel in a rash or negligent manner that endangers human life or poses the risk of harm can face imprisonment of up to six months, a fine of up to Rs 10,000, or both. Section 285, titled "Danger or obstruction in public way or line of navigation," holds individuals accountable for any danger, obstruction, or injury caused—through action or omission—in connection with property in their possession, affecting public roads, paths, or waterways. Section 286 addresses negligent conduct involving poisonous substances, punishing those whose rash or negligent actions pose a risk to human life or who knowingly fail to take necessary safety precautions. Similarly, Section 287 deals with negligent handling of fire or combustible materials, punishable by imprisonment of up to six months, a fine of up to Rs 2,000, or both. Section 288 focuses on negligent conduct with explosive substances, outlining penalties for those whose careless use of explosives endangers lives or causes harm. Additionally, Section 3(5) of the BNS outlines the principle of joint criminal liability, holding all individuals equally responsible when a criminal act is committed by several persons in furtherance of a common intention, regardless of the specific role played by each. Meanwhile, speaking exclusively to The Quint, 49-year-old traditional fisherman C Shamji said the shipwreck has severely affected their livelihood. “The shipwreck occurred near our coast. In addition to causing environmental pollution and harming marine life, we’re getting reports that fishing boats and nets are being damaged by sunken containers and debris. This is our home. Fishing is all we know. When such negligence happens, we can't remain silent. Our only resort is the Indian legal system. That’s why I filed the case."C ShamjiConcerns were raised not only by fishermen along the Alappuzha coast, where the MSC ELSA 3 sank, but also by those in Thiruvananthapuram, Kanyakumari, and even Dhanushkodi. Containers and their contents—especially plastic nurdles—have been reported drifting to these shores, prompting fishermen in these areas to voice similar concerns. Wilson Raju, a fisherman from the Thiruvananthapuram coast, told The Quint that they were forced to halt fishing due to concerns about floating containers, debris, and plastic nurdles. “There was already a bad weather warning due to the early arrival of the monsoon. On top of that, the shipwreck made things worse. With no work, our families were left starving,” Wilson said. He added that climate change has already reduced the number of viable fishing days along the coast. Rising operational costs—caused by shoreline loss, fuel prices, and other logistical challenges—have made fishing increasingly unviable. “Some days, we earn around Rs 500, and on better days, maybe Rs 1,000. Nobody owns a boat anymore—we have to hire them, pay rent, buy fuel. And now, on top of all that, incidents like this shipwreck are making our lives even harder."Wilson RajuAccording to Wilson, the number of active fishing months each year has dropped from eight to just three or four, pushing fishing communities into deep poverty. When the MSC ELSA 3 shipwreck occurred, the Kerala government announced a compensation package of ₹1,000 and six kilograms of rice. However, Wilson said they have yet to receive it. Meet Kerala’s Fishers Who Lost Homes to Sea Erosion, Now Living in WarehouseMeanwhile, A Biju Kumar, Vice-Chancellor of the Kerala University of Fisheries and Ocean Studies (KUFOS), said that although the oil spill from the MSC ELSA 3 has been contained, the broken containers and their contents — such as plastic nurdles — will have a long-term impact on the coast, lasting more than 100 years. “Plastic nurdles will eventually break down into nano-plastics. Without proper research and a thorough assessment of the pollution, we won’t fully understand what lies ahead."A Biju KumarRegarding the WAN HAI 503 accident, the Vice-Chancellor noted that since the ship is still burning, there will be air pollution, but not much water pollution. However, he added that, according to his sources, some of the containers on board contain pesticides. “At this stage, we cannot accurately determine the extent of the impact on the marine environment,” he said. Unfortunately, India isn’t party of 1973 protocol relating to Intervention on high seas in cases of pollution by substances other than oil and has not ratified the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances (HNS Convention). Nikhilesh Nedumgattunmal, an assistant professor of maritime law at Dr Ambedkar Law University in Chennai, told The Quint that India’s failure to ratify the 1973 Intervention Protocol and the Hazardous and Noxious Substances (HNS) Convention poses serious risks to marine ecosystems, coastal livelihoods, and the country’s maritime credibility. He pointed out that with a 300 percent surge in Indian Ocean ship traffic between 1992 and 2012, and 9.84 billion tons of cargo moved annually, the risk of maritime accidents involving hazardous cargo is rising sharply. As climate-driven storms intensify and chemical shipping volumes increase, and with an estimated 340 million people expected to live in coastal hazard zones by 2030, the absence of key international legal safeguards puts India in a vulnerable position, both environmentally and strategically.(Rejimon Kuttappan is an idependent journalist from Kerala. He is workers’ rights researcher, forced labour investigator and author of 'Undocumented'. This is an opinion piece, and the views expressed above are the author’s own. The Quint neither endorses nor is responsible for the same.)

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Shipwrecks, Spills, Silence: Kerala’s Maritime Disasters Expose Legal Loopholes

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