Cargo Ship Oil Spill | Kerala High Court Directs State To Release Data On Cargo Carried By MSC Elsa Ship, Impact Of Spill

The Liberian flag bearing cargo ship sank off Kochi coast on 24^th May. Reportedly, the ship was carrying 13 containers of calcium carbide and nurdles. The capsizing of the ship released bunker oil, diesel raising concerns of an oil spill. The State Government had declared the ship wreck as a state-specific disaster. A 20-nautical-mile fishing ban is also imposed. Boxes of the cargo has washed upon the shores of Trivandrum, Kollam, Alappuzha

The Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji issued the order in a PIL filed by the former MP and Congress politician T. N. Prathapan. He submitted that before the accident, the ship docked at the Vizhinjam port and it had the list of materials transported on the ship. He argued that the details of the contents need to be released for effective mitigation of hazardous effects and for the public to take proper precautions.

Compensation for the fisherfolk

The petitioner contended that the fisherman in Kollam, Alappuzha, Ernakulam and Trivandrum whose number comes to lakhs is devastated by the fishing ban especially when it is imposed just before the trolling ban in monsoon when the fish catch is usually high. He contended that as per the provisions of the Merchant Shipping Act, 1958, the ship owner is liable to compensate the victims of damage. He emphasized the need to create awareness about this. As of now, as per the petitioner, the government has appointed 2 nodal officers to process claims of the affected fisherfolk. The petition has sought a direction from the Court to the state authorities for a comprehensive compensation and rehabilitation package for all fisherfolks.

Preparation Of An Oil Spill Contingency Plan

The petitioner informed the Court that the State Pollution Control Board has not developed a contingency plan for oil spill despite the mandate under the Kerala State Disaster Management Plan, 2019 and National Disaster Management Plan, 2019. The petitioner contended that as per the National Oil Spill Disaster Contingency Plan (NSODCP), the coastal police also have a duty to formulate the oil spill contingency plan.

Removal of Pollutants and Contaminants

The cargo is reported to have 12 containers of calcium carbide which releases toxic gases after mixing with water. It is also stated that the ship was carrying 84.44 metric tonnes of diesel and 367.1 metric tonnes of furnace oil. It is observed that a large quantity of primary microplastics are released into the water. The oil slick that has spread across several nautical miles.

As per the petitioner, since the incident, the Government has taken no preventative steps to contain the pollution. After 3 days of the incident, the authorities engaged volunteers to remove plastic nurdles. The petitioner submitted that the government has not formed a plan for removal of the pollutants. The petitioner has sought a direction from the Court regarding removal of pollutants and ship wreck.

The petition is moved by Advocates V. Harish, C. R. Rekhesh Sharma, Rajan Vishnuraj

Case Title: T. N. Prathapan v Union of India and Others

Case No: WP (PIL) 50/ 2025