GS 2 – Polity

Context:
The Kerala High Court recently invoked this law to arrest the Liberian ship MSC Akiteta II, following a suit by the state government demanding ₹9,531 crore as compensation for environmental damage to the marine ecosystem.
Overview of the Admiralty Act, 2017:
- Nature of the Act:
 A comprehensive central legislation that modernizes and consolidates laws related to maritime claims, ship arrest, and enforcement of maritime rights in India.
- Objective:
 To provide a uniform legal framework for maritime adjudication, replacing archaic colonial laws from 1861 and 1890.
Key Provisions:
- Expanded Jurisdiction:
 Empowers High Courts in Kerala, Karnataka, Odisha, Telangana, and Andhra Pradesh, in addition to Bombay, Calcutta, and Madras, with admiralty jurisdiction.
- Types of Maritime Claims (Section 4):
 Covers a wide range, including:- Environmental damage
- Oil spills
- Cargo loss
- Crew wage disputes
- Collisions
- Ship ownership conflicts
 
- Ship Arrest Provisions (Section 5):
 Courts may arrest ships even if they are not directly involved in the incident, provided there is a legal ownership link.
- Dual Legal Action:
- In rem: Directly against the ship
- In personam: Against the shipowner
 
- Environmental Safeguards:
 Includes explicit legal coverage for marine pollution compensation, a crucial tool for states to seek damages.
- Alignment with International Law:
 Brings India in sync with UNCLOS and IMO standards.
Significance of the Act:
- Environmental Accountability:
 Allows proactive legal action in maritime ecological damage cases (e.g., MSC Elsa III case).
- Investor Assurance:
 By creating a transparent legal regime, it bolsters investor confidence in maritime infrastructure (e.g., Sagarmala initiative).
- Protection for Fisheries Sector:
 Enables compensation for livelihood losses — Kerala claimed ₹526 crore on behalf of affected fishermen.
- Legal Empowerment of Regional Ports:
 Strengthens non-metro ports and ensures legal decentralization in maritime disputes.
 
         
         
         
        