Rs 100 crore fine in Mumbai case reignites hopes for justice in MSC ELSA 3 sinking

By Admin

16 Jun, 2025

A significant ruling by the National Green Tribunal (NGT) in the long-pending MV Rak shipwreck case has stirred new hope for justice in the recent MSC ELSA 3 maritime disaster off Kerala’s coast. The tribunal's ₹100 crore penalty underlines a growing momentum toward environmental accountability in the shipping sector.

A Landmark Judgment: MV Rak Case

More than a decade after the MV Rak sank off the Mumbai coast in 2011, the NGT has held the shipping company liable under a host of Indian environmental and maritime 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 internationally recognized ‘Polluter Pays’ principle, the tribunal ordered the company to pay ₹100 crore in damages for cleanup operations and environmental restoration. In addition, the Adani Group, which was the consignee of the coal cargo, was fined ₹5 crore under Section 71 of the Merchant Shipping Act. Despite its claim of non-negligence, the group was held accountable due to its involvement in the shipment.

The case was championed by environmental activist Sameer Mehta and hailed by High Court advocate Reena Abraham as “a landmark in environmental protection and maritime accountability.”

Echoes in Kerala: The MSC ELSA 3 Disaster

The ruling has renewed focus on the MSC ELSA 3 incident that occurred on May 25, 2025. The container ship, carrying 640 containers  including units with hazardous materials  sank 38 nautical miles southwest of Kochi due to severe flooding and listing. Fortunately, all 24 crew members were rescued. However, several containers, including a confirmed hazardous cargo unit, have since washed ashore on the Kerala coastline, particularly in Kollam.

The incident has sparked alarm over potential environmental hazards, including chemical contamination and long-term disruption to the marine ecosystem. It marks the second major maritime mishap in Kerala’s waters within a matter of weeks.

A Call for Legal Action

Environmental and legal experts are now urging authorities to draw upon the same legal framework used in the MV Rak judgment to pursue accountability in the MSC ELSA 3 case. There is growing consensus that both the vessel’s owner and the cargo interests must be held liable under environmental protection laws and maritime regulations to prevent similar disasters in the future.

As the environmental and legal community watches closely, the precedent set by the NGT’s ₹100 crore fine may prove pivotal in enforcing stronger maritime safety standards and ensuring justice for the MSC ELSA 3 disaster.