Expressing its concern over the threat to the marine environment posed by the presence of hazardous cargo such as plastic nurdles, calcium carbide and other hazardous cargo within the containers of MSC Elsa 3, which sank off the Alappuzha coast in May 2025, the Kerala High Court on Tuesday orally asked why the concerned government agencies had done little over the past year to implement pollution containment measures.

There is lack of clarity regarding the environmental and safety risks posed by the vessel’s wreck lying on the seabed, the court said, observing that reports submitted before the court do not match the claims made by the shipping company.

A Division Bench of Justice Raja Vijayaraghavan. V and Justice K.V. Jayakumar sought an action plan from the Centre to tackle the threat to the marine environment arising from the hazardous and other cargo contained in the over 600 containers the ship was carrying at the time of its sinking.

The HC had on June 16 directed the learned Additional Solicitor General to obtain specific instructions from the Centre and the concerned agencies to place before the court a detailed status report stating the measures already undertaken, the steps proposed to be taken, the timelines envisaged for such action, and the status of compliance with the concerns highlighted by the court.

Action plan

Subsequently, it was submitted before the court on Tuesday that the Ministry of Environment, Forest and Climate Change (MoEFCC) has been impleaded in the case. The respondents, including the MoEFCC, the Director General of Shipping, and other Central government agencies concerned, propose to convene a meeting to deliberate upon the issues pertaining to marine pollution. The Centre submitted that a comprehensive and positive action plan, in conformity with the directions issued by the court, would be submitted within a period of two weeks, after which the court posted the matter for next hearing on July 14.

Stating that protecting the coastal environment is the Union Government’s responsibility, the court also expressed concern at a container carrying calcium carbide lying outside the wreck and was secured only by cargo straps. Strong monsoon waves could dislodge it and wash it ashore. It directed that the Indian Coast Guard, the Directorate General of Shipping (DGS), the ship’s owner firm – MSC, and other concerned agencies to assess the status of the containers that were on the vessel and to report whether they were secure.

The court warned that plastic nurdles from the damaged containers could affect marine ecosystems, especially since fishes might ingest the plastic, affecting seafood exports. The Centre submitted that the Department of Earth Sciences had been approached for assistance, as it is currently the only agency equipped to conduct deep-sea examinations.