Kerala Court Orders Arrest of MSC Akiteta-II
The Kerala High Court has mandated the conditional arrest of MSC Akiteta-II, a sister ship of the MSC Elsa, which sank off the coast of Kerala on May 25. The state government has filed an admiralty suit seeking a staggering Rs 9,531 crore in compensation for pollution damage, environmental restoration, and economic losses incurred by local fishermen. The vessel is currently docked at Vizhinjam port and can only depart if the shipping company provides security for the claimed amount.
Massive Environmental Impact and Legal Action
The MSC Elsa capsized approximately 13 nautical miles from the Thottapally spillway, carrying over 643 containers, including hazardous materials and plastic pellets known as ‘nurdles’. The incident has led to significant pollution of Kerala’s marine ecosystem, with reports of oil slicks and floating debris adversely affecting public health and coastal fisheries. The state’s admiralty suit invokes Section 4 of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, to demand compensation for various damages.
In detail, the state is seeking Rs 8,626.12 crore for pollution damage, Rs 378.48 crore for environmental restoration, and Rs 526.51 crore for economic losses suffered by fishermen and coastal communities. The total claim amounts to Rs 9,531.11 crore, with an additional request for interest at 6% per annum from the date of the suit until judgment, and 12% thereafter until the amount is realized.
As of June 30, over 61 containers have washed ashore across several districts, including Thiruvananthapuram, Kollam, Alappuzha, and Ernakulam. Approximately 59.6 metric tons of plastic nurdles have been collected and transported from Veli Beach to Kollam Port. Cleanup efforts are ongoing, involving 600 government personnel and 300 volunteers, coordinated by the Marine Emergency Response Centre.
The Kerala State Disaster Management Authority has classified the incident as a “state disaster.” In response to the crisis, financial relief has been approved for 78,498 fishermen families and 27,020 allied families, providing Rs 21,000 per person and a free ration of 6 kg of rice per head. The local fish market has also suffered a severe downturn due to contamination fears.
Additionally, the admiralty suit highlights the discovery of six cetacean carcasses, including dolphins and a whale, suspected to have died from exposure to microplastics and toxic substances released from the vessel. This incident underscores the urgent need for effective maritime regulations and environmental protections to safeguard coastal communities and marine life.
