A Liberian-flagged cargo ship belonging to the Mediterranean Shipping Company, MSC ELSA 3, en route to Kochi from the Vizhinjam port, sank on May 25, approximately 14.60 nautical miles off the Alappuzha coast in Kerala. The vessel was carrying 643 containers, 244 of which contained highly hazardous and noxious substances, 58 with foreign waste, and over 450 metric tonnes of marine fuel.

Despite the presence of the toxic cargo, neither the Kerala Government nor the Government of India has taken any immediate or adequate steps for wreck removal or oil extraction. Among the cargo were also 12 containers of calcium carbide and 12 containers of organic chemicals, raising alarm over the potential severe contamination of the entire Kerala coast.

So far, 50 containers have washed ashore along the coasts of Alappuzha, Kollam and Thiruvananthapuram. Debris from the sunken vessel continues to reach the shore, posing a threat to both environmental and public safety. Yet, for two weeks after the sinking of the ship with hazardous cargo, no case was filed against the ship's owners. Following criticism by environmentalists, and social and political activists, an FIR was finally registered against the vessel's owner and crew members.

The reluctance of the State and Union governments to register a criminal case against owner of the ship stemmed from the fact that the company which owns the ship, the Mediterranean Shipping Company (MSC), is a partner concern of Adani Ports, which operates multiple ports in the country, including the Vizhinjam International Seaport. In fact, during a meeting on May 29, 2025, Kerala Chief Minister Pinarayi Vijayan and the Union Director General of Shipping decided not to file a criminal complaint against the MSC because the company is a patron of the Vizhinjam International Seaport! "A patron can do no wrong" is the principle.

The June 11 FIR has been registered under sections 282 (rash navigation of vessel), 285 (danger in the line of navigation), 286 (negligent conduct of poisonous substances), 287 (negligent conduct of combustible substances), 288 (negligent conduct involving explosives) and 3(5) (common intention) of the Bharatiya Nyaya Samhita (MNS).

While the Indian Coast Guard rescued the 24 crew members, the sinking of the ship has raised concerns about potential environmental damage from oil spills, dangerous chemicals and plastic pellets. Considering the hazardous environmental fallout, the Kerala Government declared the sinking of the cargo ship a state-specific disaster on May 29. The government also warned the public and fisherfolk to stay away from the debris and report any sightings to the authorities.

The MSC, headquartered in Geneva, is a major global shipping company founded in Brussels in 1970. With operations spanning 155 countries, MSC owns more than 900 vessels and seven aircrafts. In 2023, MSC's investing wing, Terminal Investment Limited, acquired a 49 per cent stake in Adani Encore Container Terminal Pvt. Ltd It is also in partnership with Adani's CT3 Container Terminal at the Mudra Port.

The State government initially refused to file any criminal case, arguing that the MSC did not indulge in any criminal act. Here, one wonders how one could conclude that there is no foul play in the sinking of the cargo ship, especially when it was carrying hazardous chemicals and even waste.

The State government initially also argued that the Union government is responsible for taking action against the ship owners under the Merchant Shipping Act. Another argument made by the State government was that the state police had jurisdiction up to only 12 nautical miles from the coastline, and the shipwreck occurred more than 14 nautical miles away from the coastline. In this context, the state government conveniently or deliberately forgot a Gazette Notification issued by the Union Ministry of Home Affairs in 2016 empowering several coastal police stations in India, including the Fort Kochi Coastal police station, to investigate offences under the Maritime Zones Act in areas under Exclusive Economic Zones located within 200 nautical miles.

Following the sinking of the cargo ship, the Kerala Government banned fishing within a 20 nautical mile radius of the shipwreck. The fishing families in the coastal districts of Thiruvananthapuram, Kollam, Alappuzha, and Ernakulam were given ?1000 and six kilograms of rice each. Congress leader TN Pratapan wondered how the fisherfolk could survive on this meagre amount of relief. The coastal fishing community, apart from facing uncertainty about their livelihood, is now faced with the prospect of dealing with pollutants left behind by the shipwreck.

Hitherto, there have been no reports of any oil spills. However, we have to remember that the sunken ship is loaded with 84.44 metric tonnes of diesel and 367.1 metric tonnes of furnace oil. Following the sinking of the vessel, VJ Mathew, the former Chairman of the Kerala State Maritime Board, wondered why the State government delayed releasing the cargo manifest, when, as per norms, Vishinjam Port had it, since the ship was sailing from Vizhinjam to Kochi when it sank.

The Government of Kerala was compelled to release the cargo manifest after Congress leader TN Pratapan filed a Public Interest Litigation (PIL) in the Kerala High Court. After the first hearing on June 5, Chief Justice Nitin Jamdar and Justice Basant Balaji directed the state government to place all information regarding the cargo and its ecological impact in the public domain. The National Green Tribunal (NGT), suo motu on May 27, asked MSC to specify the hazardous contents in the cargo containers. The NGT notified that the incident violated the provisions of the Biodiversity Act 2002, the Water (Prevention and Control of Pollution) Act 1974, and the Environment Protection Act 1986.

Several questions remain. What are the state and the Union governments trying to hide? MSC Esla had only one more year before it was to be decommissioned. Therefore, it is natural to ask the question whether it was deliberately sunk to claim insurance. The list of items published also lacks authenticity. Some containers, it was said, contained cash! Later, it was changed to cashew! Even God may not be able to save his own country!