'We Can't Shut Our Eyes': Kerala High Court Seeks Centre's Plan To Tackle Environmental Impact Of MSC Elsa 3 Wreckage

The Kerala High Court on Tuesday (June 23) directed the Union government to submit a detailed action plan to tackle the issues highlighted by it with respect to the wreckage caused by MSC Elsa 3 ship.The Liberian-flagged vessel had sunk off the coast of Kerala on May 25, 2025, raising concerns regarding environmental degradation, adverse effects to marine life and navigational safety issues.The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar recorded the submission of the Additional Solicitor General of India (ASGI) that the official respondents including the MOEFCC (Ministry of Environment, Forest and Climate Change) as well as Director General of Shipping (DGS) and all other central agencies are proposing to have a meeting to chalk out a plan and that a positive plan in terms of the directions issued shall be placed within 2 weeks.The Court was considering a batch of public interest litigations raising questions regarding the navigational hazards, marine pollution and livelihood issues of coastal communities posed with the sinkage of vessel.Last time, the Court had sought the response of the Union of India, Ministry of Environment, Forest and Climate Change (MoEFCC), and the Director General of Shipping (DGS) as to the timeframe and manner of conducting an independent, long-term impact study on the wreckage caused. It had further noted that 475 containers, out of the 643 containers that were on board at the time of capsizing, are still under the wreck whereas 72 containers had washed ashore in the coastlines of Kerala and Tamil Nadu, and 96 containers are lying on the seabed. It had also expressed its concerns regarding the long-term impact due to the presence of harmful calcium carbide, plastic nurdles, rubber chemical anti-oxidant, bamboo sticks, spinning machinery, mixed cargo, etc. as well as bunker oil, marine diesel and lubricating oil.When the matter came up today, the Court again orally expressed concerns that could crop up as a result of the wreckage:"You know what the consequences are. It will spread all over. Marine environment will be damaged. The fish will eat it. Your export will be rejected. The Ashtamudi clam will go. Everything will be affected. We won't be able to eat this fish...."ASGI P. Sreekumar representing the Union and the Ministries submitted that a joint meeting is being convened to come up a solution. He further submitted that the only agency available is the department of Earth and Geography since it has the machinery to go down into the sea and find out what is happening. "It will take some time to coordinate all these things. We are also of the view that subsequent field survey is to be done," he added.The Court then orally questioned why nothing was done since the sinkage that happened more than a year ago. It pointed to the number of containers lying on the seabed and orally said that only the report by the agency of shipping company MSC states that the containers are not unsafe: "Somebody should tell us whether the cargo straps are safe and most of the containers are also loose. That also from the report itself. We have nothing with us...Tell us that the union government is satisfied that the debris is all lying under the mud and the container inside the ship is absolutely safe...So what do you want us to do? We want you do a meeting with the Coast Guard, DG Shipping, MSC, BMC and verify the status of the containers and tell us that everything is done."To this the ASG responded that the quantity washed ashore was counter-checked and that for ascertaining the afore aspect, an inspection under the sea has to be done. "For that, we have to go deep...It is not something that can be done in 4-5 days," he added."That has to be done. Somebody will say that they have expended 50 crores for the surveyors, so you don't have the money. State government has nothing with them. It is only for you to do whatever is necessary to ensure that the coastal area is safeguarded. It is not very easy...Doesn't appear that after 9.5.2025, anything has been done. You issue some notices to them. They reply saying that there is no hazard," Justice Raja said.The ASGI reiterated that the shipping company's reply has not been accepted yet."If this happens in some other country, just see what they will do. If it happens in a small country, they will do all that is needful to protect their people. Something has to be done," Justice Raja further orally remarked.The ASGI pointed out that such accidents occur rarely and there are chances of more damage if attempt is made to remove the wreck.Senior Advocate Santhosh Mathew for MSC also agreed that an authority has to state the same.The Court then oral observed, "2-3 containers are damaged. That is also there in one report. If that containers are secured, it is underneath the seabed, no need to do anything. It is safe. Just say it. We will record it and finish it off. Let the admiralty suit matter go on.""To give that report, we...

'We Can't Shut Our Eyes': Kerala High Court Seeks Centre's Plan To Tackle Environmental Impact Of MSC Elsa 3 Wreckage

K. Salma Jennath

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K. Salma Jennath

'We Can't Shut Our Eyes': Kerala High Court Seeks Centre's Plan To Tackle Environmental Impact Of MSC Elsa 3 Wreckage

K. Salma Jennath

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K. Salma Jennath

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