Twin shipwrecks off Kerala show maritime laws ignore environment and fisherfolk

Toxic spills, lost containers and burning fuel—Kerala’s coastline is reeling from back-to-back maritime accidents, but the most affected communities have been left out of both compensation and consultation.

We know that ship accidents can cause severe environmental damage — studies by the International Maritime Organization have highlighted this impact. Between 1992 and 2022, a total of 3,680 ship accidents were recorded. The 1972 International Regulations for Preventing Collisions at Sea introduced a global framework to mitigate and manage such incidents.

These accidents typically result in five major environmental impacts: Oil spills, chemical leaks, habitat destruction, noise pollution and the spread of invasive species through ballast water discharge.

Kerala, one of the most densely populated coastal regions in India, witnessed two ship accidents within a span of just three weeks. The Kerala State Disaster Management Authority (KSDMA), in its notification, reported that the vessel MSC ELSA-3, carrying over 640 containers, met with an accident near Thottappally in Alappuzha district on May 25, 2025.

The incident raised serious environmental concerns, including the potential for oil spills and container debris washing ashore. Given the ecological, social and economic implications, the state declared it a state-specific disaster. KSDMA recommended inter-departmental coordination to propose remedial measures.

Another KSDMA notification stated that the vessel was carrying approximately 367 tonnes of heavy fuel oil (HFO) and 64 tonnes of diesel at the time of the incident. Given its proximity to the Kerala coast, the risk of oil leakage was considered high.

The cargo also included 13 IMDG 4.3 containers of calcium carbide and 65-70 containers of plastic pallets, all of which posed serious environmental threats. Five of these hazardous containers were reported lost at sea, potentially endangering marine biodiversity, coastal ecosystems and local fisheries.

In response, the government offered temporary relief of Rs 1,000 and 6 kilogrammes of rice to each of the 78,498 local workers and 27,020 project workers across Thiruvananthapuram, Kollam, Alappuzha and Ernakulam districts, following the declaration of the state-specific disaster. A sum of Rs 10 crore was allocated from the State Disaster Response Fund.

Before a month had passed, a second, more devastating incident occurred. On June 9, 2025, a Singapore-flagged container ship, WANHAI 503, suffered an explosion and a major onboard fire approximately 44 nautical miles southwest of Azhikkal, Kerala.

The ship was carrying 1,754 containers — 1,083 below deck and 671 on deck — containing flammable liquids, self-igniting substances, chemicals that react with water to release flammable gases, toxic materials and corrosives, among other hazardous cargo.

Despite the scale of this incident, the WANHAI 503 accident was not declared a state disaster. According to the KSDMA, the ship was carrying approximately 2,000 tonnes of fuel oil and 240 tonnes of diesel.

Following the fire, a national-level operation was launched to extinguish the blaze. In its aftermath, the Disaster Management Department introduced a public information system for reporting floating debris at sea and along the coastline. However, neither the government nor the department has carried out a comprehensive assessment of the impact on fisherfolk, who remain the most affected by such disasters.

Both accidents took place within 20 to 200 nautical miles from the coast, within India’s Exclusive Economic Zone (EEZ). This area encompasses nearly 90 per cent of Kerala’s fishing activities, particularly those carried out by traditional and non-mechanised fishers.

The floating debris and containers could drift towards the coasts of Kochi and Kozhikode, a press release from the Indian National Centre for Ocean Information Services (INCOIS) warned. While KSDMA analysis highlights the risks, it remains silent on the specific impacts on coastal ecosystems and fisheries. The meagre compensation provided to fishers is treated as final, leaving the community to shoulder the burden of risk entirely.

Meanwhile, the Kerala High Court took the first significant legal step. A cashew exporter filed a case claiming a loss of Rs 7.4 lakh worth of cashew nuts shipped on MSC ELSA-3. The court ordered the shipping company to provide a bank draft for the claimed amount and further directed the company to deposit Rs 6 crore to address the collective claims of cashew exporters.

While the exporter’s loss has been addressed, the losses suffered by the fishing community remain unresolved.

Additionally, the High Court stayed the state government’s negotiation initiatives, instructing that such negotiations should take place under court supervision. The court invoked provisions of the Merchant Shipping Act, 1958 and the draft Merchant Shipping Bill, 2024. Crucially, under these legislations, if an accident is deemed unintentional, shipowners are not held fully liable — allowing them to evade major compensation responsibilities.

The ecological consequences of these two maritime disasters remain unassessed. This lack of assessment may facilitate their classification as unintentional incidents, enabling shipowners to avoid paying substantial compensation. The existing legal and institutional frameworks are woefully inadequate.

A comprehensive compensation mechanism is urgently needed—one that accounts for long-term ecological damage, the social costs of disrupted caste- and occupation-based coastal labour systems, environmental justice and corporate accountability. Without this, the losses faced by the fishing community will continue to go unacknowledged, exposing them to further environmental and livelihood risks.

Compensation for fisherfolk must be scientifically assessed and calculated based on job losses and damage to marine resources. The WANHAI 503 incident, too, must be declared a state disaster. Furthermore, as the Blue Economy expands, robust mechanisms must be established to address regional economic and employment disruptions caused by such maritime disasters.

Mohammed Irshad is Assistant Professor, Jamsetji Tata Centre for Disaster Management, Tata Institute of Social Sciences, Mumbai

Views expressed are the author’s own and don’t necessarily reflect those of Down To Earth