Loss of fish due to shipwrecks is economic loss: Kerala HC
Kochi: High court has observed that the loss of commercially harvested fish due to marine pollution caused by the recent shipwrecks in the exclusive economic zone (EEZ) qualifies as an economic loss.
The observation was made while considering a petition by former MP T N Prathapan, who sought a comprehensive compensation package for fishermen and other stakeholders affected by the ship accidents off the Kerala coast. The court emphasised that the EEZ — extending up to 200 nautical miles from the baseline — falls under the sovereign rights of the Union for exploration, exploitation, conservation and management of both living and non-living natural resources.
The Union also holds exclusive jurisdiction to protect the marine environment and prevent marine pollution within this zone. Therefore, losses sustained in the EEZ must be considered for compensation, the court noted.
The court is examining two recent maritime incidents: the sinking of MSC ELSA-3, a Liberian-flagged cargo vessel, on May 25 off the Kerala coast, and the fire aboard cargo ship WAN HAI 503, off the Kannur coast on June 9.
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As per the HC's directive, the cargo manifest of MSC ELSA-3 has been published on the official website of the Kerala State Disaster Management Authority (KSDMA).
According to the owners, MV WAN HAI 503 was carrying 1,754 containers, many of which contained flammable liquids, solids, corrosive chemicals, pesticides and other environmentally hazardous substances such as printing ink and thinning agents. HC noted that such materials pose a serious threat to marine ecology.
Citing various statutory provisions, including the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, the court noted that the govt is empowered to initiate both civil and criminal proceedings against the vessel and its owners to recover damages. The court also appointed Adv Arjun Sreedhar as amicus curiae in the case.
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