The Kerala government’s decision not to proceed with any criminal case against the merchant vessel MSC Elsa–3, which sank off the State’s coast last month, has drawn criticism from opposition political parties and stakeholders in the shipping sector.
The opposition Congress party is planning a protest on Wednesday, accusing the government of apathy and failing to initiate a proper investigation into the shipwreck.
Alleging that the State government had betrayed coastal communities and fisherfolk, KPCC president Sunny Joseph said the government had shown criminal negligence despite cargo containing hazardous chemicals sinking into the sea. He added that the government ignored the standard procedure of filing a case against the shipping company in such incidents.
The government has decided to recover compensation through the vessel’s insurance company instead of holding the shipping company accountable, he said. He also cited a Kerala High Court order directing the government to release all information related to the shipwreck, including cargo details and any oil spills.
Joy Thattil, a maritime lawyer in Kochi, said it is the prerogative of the State government to promptly initiate action for wreck removal and to contain and address environmental concerns. He added that this would also be a logical step, under the government notification under the Disaster Management Department, to address the serious issue of coastal pollution caused by the shipwreck.
However, he said the government appears to have opted for pursuing an insurance claim as a more viable and faster approach to address the issue, rather than getting entangled in a legal battle. The decision has come under criticism for attempting to settle a disaster of this magnitude solely through insurance channels, without initiating legal action — both civil and criminal — as mandated by various statutes such as the Bharatiya Nyaya Sanhita, the Merchant Shipping Act, the Indian Ports Act, the MARPOL Convention, the Environment (Protection) Act, the International Convention on Civil Liability for Bunker Oil Pollution Damage, and the Nairobi International Convention on the Removal of Wrecks.
Experts from the legal fraternity and those well-versed in the shipping and maritime industries are baffled by the government’s decision not to pursue legal action, particularly of a criminal nature, he added.
