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Article

12 Jun 2025

Author:
Rejimon Kuttapan, The Quint

India: Two shipwrecks causing oil spills off Kerala coast expose weak legal response, polluter impunity as local fishermen file case against shipping co.

"Shipwrecks, Spills, Silence: Kerala’s Maritime Disasters Expose Legal Loopholes", 12 June 2025

Two major shipwrecks off Kerala’s coast, involving hazardous cargo and oil, have triggered environmental fears and economic distress for local fishers. Delays in legal action and lack of international safeguards complicate compensation and accountability.

...

..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.. .. 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. ..concerns were raised about a possible oil spill. The Indian Coast Guard responded swiftly.. ..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.  ..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.

..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 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" ..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.. 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..

..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..

The journalist reached out to the company but did not receive any response.

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