Kerala High Court directs State to make public all data on cargo and oil spill from MSC Elsa-3 sinking.
Court cites environmental impact and demands transparency on hazardous materials.
Kochi: Today, on June 05,the Kerala High Court on Thursday asked the State government to make public all available details related to the hazardous cargo and oil spill caused by the sinking of the Liberian cargo ship MSC ELSA-3.
The ship sank on May 24, about 25 kilometres off the Alappuzha coast, creating a serious environmental crisis.
The direction was given by a Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji while hearing a public interest litigation (PIL) filed by Congress leader and former Member of Parliament TN Prathapan.
Prathapan filed the PIL asking the Court to ensure proper compensation to affected people, clean-up of the polluted sea and coastal areas, and to enforce legal action as per Indian and international laws.
During the hearing, the High Court said that the public has the right to know about the cargo carried by the ship and the damage caused by the hazardous materials that spilled into the sea. The Court made it clear that the government must share this information through public platforms like official websites.
The Court said:
“Considering the impact of the maritime disaster, which admittedly is affecting marine and coastal ecology, the State should place in the public domain information so far available such as the information about the cargo and the impact of the materials carried by the same ship, which was released into the water, on the marine and coastal ecology. If not, the learned Government Attorney will take instruction as to whether this information is already placed on the public domain or on their official website, if not we expect the State government to pull information so far available by next date of hearing.”
The Court was also reminded that the hearing took place on World Environment Day, to which Chief Justice Jamdar made an oral observation highlighting the environmental relevance of the case.
The ship MSC ELSA-3, which was registered under the Liberian flag, sank while travelling from Vizhinjam to Kochi.
It was reportedly carrying diesel, bunker oil, plastic nurdles, and calcium carbide—a chemical known to react dangerously with water.
After the ship sank in Indian waters, these materials leaked into the sea, raising serious concerns about marine pollution and threats to the livelihood of thousands of fishermen.
TN Prathapan, who currently serves as the Chairman of the Kerala Fishermen Coordination Committee, stated in his petition that the State Pollution Control Board and other concerned authorities failed to act even though they had responsibilities under the Kerala State Disaster Management Plan, 2016.
He pointed out that while an oil spill contingency plan was introduced in 2016, it remains unfinished even after eight years.
The petitioner told the Court that because of the spill, the government had declared a 20-nautical-mile fishing ban in the area, affecting the daily earnings of traditional fishermen in several districts including Alappuzha, Kollam, Ernakulam, and Thiruvananthapuram.
In his PIL, Prathapan urged the Court to instruct the Central and State governments to form a high-level expert committee.
The role of this committee would be to assess the environmental damage caused by the disaster, suggest ways to restore the damaged ecosystem, and ensure fair compensation and rehabilitation for the affected communities.
He also requested the Court to order immediate removal of all pollutants from the affected areas and to take legal steps against the ship’s owner and its insurer under international conventions and Indian laws.
Prathapan’s counsel further informed the Court that the government had stopped engaging volunteers who were helping with the clean-up and monitoring efforts. He said this move would negatively impact the relief and environmental recovery work.
However, the Government Attorney responded by assuring the Court that necessary steps were already being taken by the authorities.
He also informed the Bench that an expert body had already been formed to look into the matter.
Based on the submissions, the Court asked both the Central and State governments, along with their concerned departments and agencies, to submit detailed action taken reports within two weeks. The matter will then be taken up again for further hearing.
The PIL was filed through advocates V Harish, CR Rekhesh Sharma, and Rajan Vishnuraj.
Case Title:
TN Prathapan v. Union of India & Ors.
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