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KERALA OIL SPILL CASE

  1. KERALA OIL SPILL CASE

Context

On May 25, 2025, a major oil spill incident occurred off the Kerala coast when a container vessel belonging to the Mediterranean Shipping Company (MSC) capsized, releasing large quantities of oil and plastic pellets into the sea. The disaster led to extensive environmental damage, economic losses, and legal proceedings over compensation.

 

The Incident

The container vessel MSC Elsa 3, bound for Kerala, overturned in the sea, causing two types of pollution:

  • Oil Spill – large amounts of oil leaked into the coastal waters.
     
  • Plastic Pollution – nodules and other plastics carried by the vessel were discharged into the marine environment.
     

The Kerala government, facing escalating cleanup costs, launched operations to contain the spill and remove pollutants. The incident triggered widespread ecological concerns, given Kerala’s fragile coastal ecosystem and dependence on fishing and tourism.

 

Impact and Cost of the Spill

The consequences of the oil spill were far-reaching:

  • Environmental Damage – The spill harmed aquatic life, coral ecosystems, and seabirds, while plastics added a long-lasting layer of marine pollution.
     
  • High Cleanup Expenditure – The state government incurred huge expenses in managing and containing the spread of oil.
     
  • Ongoing Process – Even months after the May incident, cleanup operations continued, highlighting the scale of the disaster.
     

 

Legal Proceedings and Compensation Dispute

Following the disaster, the Kerala government sought damages from the shipping company:

  • Claim by Kerala – The state demanded ₹9,531 crore in compensation for cleanup and environmental losses.
     
  • Seizure of Vessel – To enforce its claim, Kerala detained another MSC ship, the MSC Akikta 2, holding it under custody.
     
  • High Court Verdict
     
    • The Kerala High Court agreed that the state was entitled to compensation but held that the ₹9,531 crore claim lacked sufficient evidence and was excessive.
       
    • The court ordered the company to pay ₹1,227 crore, making it a condition for the release of the seized vessel.
       

This ruling set a precedent in balancing state claims with judicial scrutiny of evidence in environmental compensation cases.

 

Oil Spills: Causes and Risks

Oil spills occur worldwide, and their recurrence makes them a frequent subject in environmental law and civil services examinations.

Major Causes

  • Shipping accidents – collisions, groundings, or capsizing of vessels.
     
  • Offshore drilling and pipelines – leaks and blowouts.
     
  • Illegal discharges – deliberate dumping of oil waste at sea.
     
  • Natural disasters – storms or tsunamis damaging vessels or rigs.
     

Environmental and Human Impacts

  1. Marine Ecosystem Damage – Oil forms a surface layer that blocks sunlight, disrupting photosynthesis in aquatic plants.
     
  2. Marine Animal Mortality – Fish, turtles, seabirds, and mammals suffer suffocation or hypothermia as oil coats their bodies.
     
  3. Human Health Risks – Exposure to contaminated water causes respiratory and skin ailments; seafood consumption poses additional hazards.
     
  4. Economic Losses – Fishing bans, reduced tourism, and costly cleanup efforts impact local livelihoods and government resources.
     

 

National and International Legal Framework

Oil spill responses are guided by both national agencies and global conventions:

  • Indian Coast Guard (ICG) – Primary authority for oil spill containment and rescue operations in Indian waters.
     
  • International Conventions
     
    • MARPOL Convention (Annex I) – governs prevention of oil pollution from ships.
       
    • Oil Pollution Preparedness, Response and Co-operation (OPRC) Convention – mandates global cooperation during major spills.
       
    • Civil Liability Convention & Bunker Convention – provide legal mechanisms for compensation.
       
  • Preparedness ExerciseNet Polrex, a multinational exercise, ensures readiness for large-scale oil spill emergencies.
     

 

Cleanup and Mitigation Strategies

Various technologies are employed to remove or neutralize oil pollution in water:

Technique

Description

Key Features

Booms

Floating barriers confine oil to a specific area.

Often followed by recovery or controlled burning.

Skimmers

Machines mounted on vessels that collect oil or oil-water mixtures.

Effective for surface spills.

Sorbents

Materials that absorb oil.

Examples: volcanic ash, synthetic pads.

Dispersants

Chemicals that break oil into smaller droplets.

Promote natural biodegradation.

Bioremediation

Microbes consume and degrade hydrocarbons.

Example: Olijepper developed by TERI & ONGC.

MOF Cotton

Developed by IIT Guwahati.

A cost-effective absorbent that soaks up oil.

These solutions highlight a combination of mechanical, chemical, and biological approaches for effective cleanup.

 

Conclusion

The Kerala oil spill highlights coastal fragility, cleanup burdens, and the High Court’s compensation ruling emphasizing evidence. Strengthening prevention, preparedness, eco-technologies, and strict maritime norms remain vital for accountability and protecting India’s vulnerable marine ecosystems.

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