The National Green Tribunal’s (NGT) ₹100 crore penalty in the MV Rak shipwreck case of 2011 has sparked fresh hope for legal accountability in the MSC ELSA 3 disaster off the coast of Kerala.
The Liberian-flagged MV Rak, operated by Delta Group International, sank 20 nautical miles off the Mumbai coast while transporting 60,054 metric tonnes of coal, along with 290 tonnes of bunker fuel and 50 tonnes of diesel. A technical fault was found to have caused the sinking. The incident resulted in widespread marine pollution, damaging marine life and mangroves.
The NGT found the shipping company liable under several Indian laws, including:
Environment Protection Act
Water (Prevention and Control of Pollution) Act
National Green Tribunal Act
Merchant Shipping Act
Public Liability Insurance Act
Maritime Zones Act
Invoking the ‘Polluter Pays’ principle, the tribunal directed the company to compensate the central government for clean-up operations and environmental restoration.
Additionally, the Adani Group, the consignee of the coal, was fined ₹5 crore under Section 71 of the Merchant Shipping Act. Despite arguing that they bore no negligence, the tribunal held the company accountable for its role in the shipment.
The case was brought forward by environmental activist Sameer Mehta. High Court advocate Reena Abraham called it “a landmark in environmental protection and maritime accountability.”
Parallel with Kerala’s MSC ELSA 3 case, the NGT ruling has renewed interest in the May 25, 2025, MSC ELSA 3 incident, where a container ship carrying 640 containers, including hazardous materials, sank 38 nautical miles southwest of Kochi after developing a severe list caused by flooding. All 24 crew members were rescued, but containers, including at least one hazardous unit, have since washed ashore on Kerala’s coast, including in Kollam.
The accident has raised major concerns over environmental damage, possible chemical leaks, and marine ecosystem disruption.
With this being the second maritime mishap off Kerala’s coast in recent weeks, legal and environmental experts are urging authorities to apply similar frameworks used in the MV Rak case—including provisions under environmental laws and maritime acts—to ensure that the ship owner and cargo interests are held liable.
