News: The Kerala High Court has ordered the conditional “arrest” of Liberian container ship MSC Akiteta II, after the Kerala government filed an admiralty suit.
About Admiralty (Jurisdiction & Settlement of Maritime Claims) Act, 2017
- The Act governs maritime disputes in India.
- Under the Act, admiralty suits can be filed for maritime claims such as damage to ships, ownership and agreement disputes, loss of life, wage issues, and environmental damage.
- Admiralty suit is a legal proceeding pertaining to maritime law and disputes.
- The 2017 law replaced the colonial-era Admiralty Court Act, 1861, and Colonial Courts of Admiralty Act, 1890.
- The previous laws gave jurisdiction only to the High Courts of Bombay, Calcutta and Madras, as these were the only major ports in India earlier.
- Now, the HCs of Kerala, Karnataka, Odisha, Telangana and Andhra Pradesh also have jurisdiction over maritime disputes.
- Court’s jurisdiction: The jurisdiction of the courts extends up to the territorial waters of their respective jurisdictions.
- The limit of territorial waters is up to 12 nautical miles from the nearest point of a low-water line along the coast, including the seabed, subsoil and airspace above
- Claims over environmental damages
- Section 4 of the Admiralty Act: This section states that the High Court may exercise jurisdiction to hear and determine any question on a maritime claim, against any vessel, arising out of damage caused by the vessel to the environment; measures taken to remove such damage; compensation for such damage etc.
- Under the Merchant Shipping Act, 1958, ship owners are liable for oil pollution damage in the event of leaks.
- Environment Protection Act, 1986 empowers authorities to take action against polluters.
- National Green Tribunal (NGT) can also be approached to seek environmental compensation.
