Kerala govt seeks compensation for MSC Elsa 3 shipwreck

The Kerala government will file a civil case seeking compensation for the MSC Elsa 3 shipwreck off the Kerala coast. The National Green Tribunal had directed action under the Biodiversity Conservation and Water Pollution Prevention regulations.

Thiruvananthapuram: The Kerala government will approach the High Court seeking compensation for the MSC Elsa 3 shipwreck off the Kerala coast. The petition will be filed under the Admiralty Act. The case will be based on the reports of committees appointed to examine coastal damage and environmental impact. Committees headed by Science, Finance, Law, and Environment Secretaries are conducting the investigation.

Coastal police filed weak charges?

The Coastal Police have filed only minor charges against the vessel’s crew for negligent ship handling, sparking criticism from environmentalists, legal experts, and local fishing communities. A case was filed only for negligent handling of the ship without examining the possibility of charges suggested by the National Green Tribunal.

The National Green Tribunal, which considered the case within days of the accident, directed action under the Biodiversity Conservation and Water Pollution Prevention regulations. The dangerous calcium carbide and polymer materials that leaked from the containers and severely impacted the marine environment are not considered criminal or punishable offence under the current legal framework. The government had delayed filing a case for several days, and had to register the case due to public pressure. 

Despite complaints from those directly affected, including fishermen, the Coastal Police, who filed the case, have ignored these aspects. There are also doubts about whether the company followed the protocol for ship accidents. The shipping crew allegedly did not inform the DG Shipping control room that four containers had fallen into the sea after the ship tilted. Fishermen were the first to notice this. There are also growing calls to investigate whether structural flaws in the vessel contributed to the accident, and whether the incident was part of a larger insurance fraud conspiracy.