MSC Elsa 3 sinks: Kerala HC asks central agencies to respond to EIA

Expressing grave concern over the absence of an Environmental Impact Assessment (EIA) in the May 2025 sinking of the MSC Elsa 3 off the coast of Alappuzha, the Kerala High Court on Tuesday sought the response of various central agencies.

The court sought a response from the Centre, the Ministry of Environment, Forests and Climate Change (MoEFCC) and the Director General of Shipping (DGS) on the marine and coastal environmental impacts caused by the debris.

The agencies were asked to detail the manner in which the EIA would be conducted, the institutions or agencies deemed competent to undertake the exercise and the scope of the study. Besides, the court must be informed whether any interim measures have been contemplated to address the environmental and navigational issues due to the sinking of the vessel along with the containers on board, Division Bench Judge Raja Vijayaraghavan V and Justice KV Jayakumar said while considering the Public Interest Litigation filed by TN Pratapan and others.

Many containers were carrying hazardous cargo, including 339.20 MT of calcium carbide. An estimated 475 containers remain sunken with the ship.

The High Court further sought details of whether steps were taken to engage an independent professional agency, scientific institution or technical consultant to verify the findings contained in the reports relied upon by the ship owners. Details must also be provided as to whether any independent assessment has been or will be made of the current condition of the wreck and submerged containers and whether they pose any navigational hazard, environmental risk or threat to marine ecology and coastal communities.

The DGS counter-affidavit said the issues involved had long-term environmental impacts, damage to marine ecology, coastal sustainability, safety of navigation and potential future risks from the submerged wreck and associated cargo. Determination of these issues requires independent scientific review by relevant government agencies and environmental statutory bodies. A comprehensive and independent EIA should be conducted under the guidance and supervision of the MEFCC, relevant state pollution control boards and other relevant scientific institutions, the court observed.

Containers carrying various cargo, including plastic pegs, remain aboard the wreck and hang from the decks. Although the owners and salvors were required to recover the dangerous cargo and the vessel after the weather conditions improve after the 2025 monsoon, no effective action has been taken and remedial measures have been largely limited to beach and coastal cleaning, the petitioner said, adding that unless immediate action is taken, there is a significant risk of further environmental damage, marine and coastal biodiversity, coastal contamination and contamination.

Since the DGS is not the nodal agency to conduct the EIA, the court suo motu ordered the MEFCC in the case.

Published – 16 Jun 2026 21:31 IST