India’s southern state of Kerala on Monday asked fishermen not to venture near the site of an accident where a container ship carrying hazardous cargo sank off its coast in the Arabian Sea. Kerala state also issued a high alert along its coastal areas. photo credit: https://apnews.com/article/india-sunken-container-ship-c7dc8c7f25e91ef96873ad05c57a3120
India Urges New Global Liability Regime After Twin Container Ship Crises off Kerala
India has stepped into the international shipping spotlight after two dramatic container ship incidents off the Kerala coast. First, on May 25, 2025, the Liberia-flagged MSC ELSA 3 sank about 38 nautical miles south of Kochi, carrying 640 containers, including 12 with calcium carbide and 13 with other hazardous substances, along with nearly 452 tonnes of fuel oil. Despite the crew being safely rescued, the spill and drifting debris prompted a high alert for environmental damage and fishing disruptions.
Just weeks later, on June 9, 2025, the Singapore-flagged MV Wan Hai 503 caught fire following a container explosion roughly 90 nautical miles off Azhikkal, forcing 18 crew members into rescue while others remain missing. The blaze—a hazard-laden event involving toxic and flammable chemicals, saw intensive firefighting operations by the Indian Coast Guard and Navy, with drifting containers and thick smoke raising alarms.
These back-to-back maritime emergencies have exposed a global regulatory gap: unlike oil tankers, container vessels carrying dangerous cargo aren’t covered by an equivalent international liability system. India’s government is now pushing hard for a dedicated global container shipping liability regime that includes mandatory insurance, salvage and wreck removal obligations, and strengthened environmental oversight.
In particular, India’s non-accession to three key conventions—the Bunker Oil (2001), Wreck Removal (2007), and Hazardous and Noxious Substances (HNS) (1996), has left it struggling to claim compensation for environmental cleanup, salvage, and cargo-related damage. Domestic legislation offers some redress, but lacks the enforceability and funding mechanisms that such conventions provide.
India now seeks to lead a coordinated global effort to tighten container ship regulations, arguing that incidents like the Ever Given and Dali should serve as clear wake-up calls. Government officials emphasize the urgent need to align container shipping with modern environmental and safety standards.
Why This Matters
-
Environmental Threat: Hazardous materials and oil have washed ashore, endangering marine life and fishing.
-
Liability Gap: Container vessels lack a robust compensation and accountability system, unlike oil tanker regimes.
-
Economic Disruption: Coastal economies, especially fishermen, are suffering due to restricted sea zones and contamination fears.
-
Global Lisbon Call: India urges international bodies to mandate safety protocols, insurance, wreck removal, and pollutant liability similar to oil-focused maritime regimes
What’s Next?
-
Diplomatic Push: India to spearhead discussions through the IMO, G20, and UN maritime bodies.
-
Domestic Ratification: Accelerate accession to the Bunker, Wreck Removal, and HNS conventions.
-
Regulatory Tightening: Revise national maritime, insurance, and environmental laws to fill existing gaps.
-
Regional Preparedness: Upgrade monitoring, disaster response, and compensation systems for coastal communities.
India’s demand for a comprehensive container shipping liability regime isn’t just reactive—it’s proactive. As global trade surges and container ships grow larger, the risks—ranging from hazardous spills to ecological calamities—are mounting. India’s recent maritime incidents spotlight the urgent need for worldwide reforms, aligning container shipping with modern environmental, safety, and liability standards.
