This represents an unusual and important application of The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 regarding environmental harm in Indian territorial waters
Concerning The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017:
What does it refer to?
A key law in India that integrates and modernizes regulations regarding maritime claims, jurisdiction, ship arrests, and the enforcement of maritime liens.
Goals of the Legislation:
Guarantee a consistent legal structure for the resolution of maritime disputes.
Update antiquated colonial legislation (Acts of 1861 and 1890).
Increase the maritime authority of additional High Courts beyond colonial ports.
Main Aspects of the Legislation:
Jurisdictional Expansion: Bestows maritime jurisdiction upon the High Courts of Kerala, Karnataka, Odisha, Telangana, and Andhra Pradesh, alongside the previously granted Bombay and Madras.
Categories of Maritime Claims Addressed (Sec 4): Encompasses environmental harm, oil spills, cargo loss, unpaid salaries, accidents, and ownership conflicts.
Seizure of Ships (Sec 5): Judges have the authority to command the "seizure" of a vessel to ensure maritime claims — even if the vessel isn’t the direct violator but is connected through ownership.
Action In Rem versus In Personam: Permits legal proceedings directly targeting the vessel (in rem) or the shipowner (in personam).
Environmental Protection Measures: Clearly encompasses compensation for harm to marine environments, strengthening state claims such as those from Kerala.
Conformity with UNCLOS and IMO Conventions: Aligns India’s maritime legal system with global maritime law benchmarks.
Importance:
Environmental Responsibility: Enables state governments to pursue restitution for oceanic contamination (e.g. MSC Elsa III incident).
Investor Assurance: Offers clear legal procedures for maritime conflicts, fostering port-driven growth (e.g., Sagarmala).
Fisheries & Coastal Economy Safeguarding: Ensures compensation for livelihood loss — Kerala sought ₹526 crore for its fishermen.
Legal Empowerment of Non-Metropolitan Ports: Guarantees that regional high courts, such as Kerala, can fully implement admiralty jurisdiction.
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