The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017
Kartavya Desk Staff
Source: IE
Context: The Kerala High Court ordered the arrest of the Liberian ship MSC Akiteta II after the Kerala government filed an admiralty suit seeking ₹9,531 crore compensation for marine ecosystem damage.
• This marks a rare and significant use of The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 for environmental damages in Indian territorial waters.
About The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017:
• What is it? A central legislation that consolidates and updates laws on maritime claims, jurisdiction, arrest of ships, and enforcement of maritime liens in India.
• A central legislation that consolidates and updates laws on maritime claims, jurisdiction, arrest of ships, and enforcement of maritime liens in India.
• Objectives of the Act:
• Ensure uniform legal framework for adjudication of maritime claims. Modernize outdated colonial laws (1861 & 1890 Acts). Empower more High Courts with maritime jurisdiction beyond colonial ports
• Ensure uniform legal framework for adjudication of maritime claims.
• Modernize outdated colonial laws (1861 & 1890 Acts).
• Empower more High Courts with maritime jurisdiction beyond colonial ports
• Key Features of the Act:
• Jurisdictional Expansion: Grants maritime jurisdiction to High Courts of Kerala, Karnataka, Odisha, Telangana, and Andhra Pradesh, in addition to earlier ones like Bombay and Madras. Types of Maritime Claims Covered (Sec 4): Includes damage to the environment, oil spills, cargo damage, unpaid wages, collisions, and ownership disputes. Arrest of Vessels (Sec 5): Courts can order the “arrest” of a ship to secure maritime claims — even if the ship isn’t the direct offender but is linked by ownership. Action In Rem vs In Personam: Allows legal action directly against the vessel (in rem) or against the shipowner (in personam). Environmental Protection Provisions: Explicitly includes compensation for marine environmental damage, making it powerful for state claims like Kerala’s. Alignment with UNCLOS and IMO Conventions: Harmonizes India’s admiralty framework with international maritime law standards
• Jurisdictional Expansion: Grants maritime jurisdiction to High Courts of Kerala, Karnataka, Odisha, Telangana, and Andhra Pradesh, in addition to earlier ones like Bombay and Madras.
• Types of Maritime Claims Covered (Sec 4): Includes damage to the environment, oil spills, cargo damage, unpaid wages, collisions, and ownership disputes.
• Arrest of Vessels (Sec 5): Courts can order the “arrest” of a ship to secure maritime claims — even if the ship isn’t the direct offender but is linked by ownership.
• Action In Rem vs In Personam: Allows legal action directly against the vessel (in rem) or against the shipowner (in personam).
• Environmental Protection Provisions: Explicitly includes compensation for marine environmental damage, making it powerful for state claims like Kerala’s.
• Alignment with UNCLOS and IMO Conventions: Harmonizes India’s admiralty framework with international maritime law standards
• Significance:
• Environmental Accountability: Allows state governments to seek compensation for marine pollution (e.g. MSC Elsa III disaster). Investor Confidence: Provides transparent legal processes for maritime disputes, supporting port-led development (e.g., Sagarmala). Fisheries & Coastal Economy Protection: Secures compensation for loss of livelihood — Kerala claimed ₹526 crore for fishermen. Legal Empowerment of Non-Metropolitan Ports: Ensures regional high courts like Kerala can exercise full admiralty jurisdiction.
• Environmental Accountability: Allows state governments to seek compensation for marine pollution (e.g. MSC Elsa III disaster).
• Investor Confidence: Provides transparent legal processes for maritime disputes, supporting port-led development (e.g., Sagarmala).
• Fisheries & Coastal Economy Protection: Secures compensation for loss of livelihood — Kerala claimed ₹526 crore for fishermen.
• Legal Empowerment of Non-Metropolitan Ports: Ensures regional high courts like Kerala can exercise full admiralty jurisdiction.