Kerala Invokes Admiralty Act, 2017 Over Ship-Linked Marine Damage
Syllabus: Polity & Governance | Environment | Maritime Security
Source: Indian Express
Context:
The Kerala High Court has ordered the arrest of a Liberian ship, MSC Akiteta II, after the Kerala government filed an admiralty suit seeking ₹9,531 crore in compensation for damage to the marine ecosystem.
This is a rare and significant application of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 to address environmental damage within Indian territorial waters.
What is the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017?
It is a central law passed to provide a modern and uniform legal framework for handling maritime disputes and claims in India, including environmental damage and ship-related liabilities.
Objectives of the Act:
- Replace outdated colonial laws (Admiralty Acts of 1861 & 1890)
- Empower more High Courts with admiralty jurisdiction
- Provide a standardised process for settling maritime claims
- Strengthen India’s compliance with international maritime laws
Key Provisions:
1. Jurisdiction to More High Courts:
- Expands admiralty jurisdiction to High Courts in:
- Kerala
- Karnataka
- Odisha
- Telangana
- Andhra Pradesh
- Earlier, only High Courts of Bombay, Calcutta, and Madras had such powers.
2. Types of Maritime Claims (Section 4):
- Damage to marine environment and oil spills
- Loss or damage to cargo
- Unpaid crew wages
- Ship collisions
- Ship ownership disputes
3. Arrest of Vessels (Section 5):
- Courts can order the arrest of ships to secure maritime claims.
- A ship can be arrested even if it wasn’t directly involved, provided it’s owned by the liable party.
4. Legal Actions – In Rem vs In Personam:
- In rem: Action against the vessel itself
- In personam: Action against the shipowner
5. Environmental Liability:
- The Act explicitly allows claims for marine pollution and ecological harm, giving states legal tools to demand compensation for environmental loss.
6. International Alignment:
- Aligns Indian maritime law with:
- UNCLOS (United Nations Convention on the Law of the Sea)
- IMO conventions (International Maritime Organization)
Why This Is Significant:
- Environmental Protection:
Enables states to legally demand compensation for marine pollution, such as oil spills and toxic discharges. - Support to Coastal Economies:
Kerala has claimed ₹526 crore in compensation for fisherfolk livelihoods affected by marine damage. - Boost to Investor Confidence:
Provides clear legal procedures for maritime disputes, aligning with India’s Sagarmala project and port-led development. - Legal Empowerment of Coastal States:
High Courts in non-metropolitan states like Kerala can now fully exercise admiralty powers, ensuring faster and more localized justice.
Conclusion:
The Kerala government’s legal action marks a landmark use of the Admiralty Act, 2017 for environmental protection, demonstrating how modern maritime law can be used to safeguard India’s marine ecosystems, fisherfolk, and coastal economy.
