On 5th June, the Kerala High Court directed the State Government to immediately release all information regarding the cargo carried by the sunken cargo ship MSC Elsa and its environmental impact. The Court emphasized the urgent need for transparency and public awareness about the materials released into the sea.
“The State must make public the complete list of cargo and the extent of damage caused due to the oil spill,”
stated the Bench led by Chief Justice Nitin Jamdar and Justice Basant Balaji during the hearing of the Public Interest Litigation (PIL).
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The cargo ship MSC Elsa, bearing the Liberian flag, sank near the Kochi coast on 24th May 2025. Reports suggest that the ship was transporting 13 containers of calcium carbide and nurdles—a type of plastic pellet. The accident caused a significant oil and diesel spill. The Kerala government declared this a state-specific disaster, and a 20-nautical-mile fishing ban was imposed. Cargo containers were seen washed ashore along the Trivandrum, Kollam, and Alappuzha coasts.
The PIL was filed by former MP and Congress leader T. N. Prathapan, who argued that the ship had previously docked at Vizhinjam Port, where a cargo manifest was recorded. He insisted that disclosing these details is vital for environmental safety and public health.
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“The materials carried by the ship can cause serious hazards. The public must be aware of what they are exposed to,”
the petitioner urged.
He further raised concerns over the impact of the fishing ban on lakhs of fisherfolk in affected districts such as Kollam, Alappuzha, Ernakulam, and Trivandrum. He noted that the ban came just before the monsoon trolling ban, a time when fish catch is normally high.
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According to the Merchant Shipping Act, 1958, the shipowner is liable for damage compensation. The petitioner highlighted that the government had only appointed two nodal officers to handle compensation claims. He demanded a full-fledged compensation and rehabilitation package.
“Fisherfolk livelihoods are under severe threat, and the government must act fast,”
the petitioner submitted.
The plea also pointed out that despite the Kerala State Disaster Management Plan, 2019, and the National Disaster Management Plan, 2019, the State Pollution Control Board failed to prepare an oil spill contingency plan. The National Oil Spill Disaster Contingency Plan (NOS-DCP) also mandates coastal police to assist in planning.
The petition disclosed that the MSC Elsa carried 12 containers of calcium carbide, which can release toxic gas when mixed with water, along with 84.44 metric tonnes of diesel and 367.1 metric tonnes of furnace oil. This has resulted in widespread pollution and the release of primary microplastics into the sea.
“The sea is now contaminated, and the slick has spread across several nautical miles,”
the petitioner claimed.
Despite the severity of the spill, the state allegedly took no immediate preventive steps. Only after three days did the authorities deploy volunteers to collect plastic nurdles. The petitioner criticized the government for failing to draft any removal plan and requested the Court to issue directions for pollutant cleanup and shipwreck management.
The petition is represented by Advocates V. Harish, C. R. Rekhesh Sharma, and Rajan Vishnuraj.
Case Title: T. N. Prathapan v Union of India and Others
Case Number: WP (PIL) 50/2025
