Why in news?
The Kerala High Court ordered the arrest of a Liberian‑flagged ship after it leaked oil off the coast. The order invoked the Admiralty Act of 2017, a law that modernised India’s maritime claim procedures.
Origins and purpose
- The Admiralty Act repealed colonial‑era laws such as the Admiralty Court Act 1861 and created a uniform legal framework for resolving maritime claims.
- It extends admiralty jurisdiction to High Courts of coastal states not previously covered, including those in Andhra Pradesh, Karnataka, Kerala, Gujarat and Odisha.
Scope of maritime claims
- The law covers disputes over damage caused by ships, pollution, loss or damage to cargo, crew wages, towage, salvage, and mortgage claims.
- Environmental damage, such as oil spills, is explicitly included, enabling affected communities and authorities to seek compensation.
Action in rem vs in personam
- Action in rem: Allows claimants to arrest the ship itself as the legal person liable, regardless of the owner’s location. This ensures ships cannot evade liability by sailing away.
- Action in personam: Targets the ship owner or charterer personally. Courts may order owners to appear and defend claims.
Significance of the law
- Ensures India complies with international conventions such as the UN Convention on the Law of the Sea and International Maritime Organization regulations.
- Protects coastal communities, fishermen and the marine environment by providing legal remedies for damage.
- Improves investor confidence and ease of doing business in India’s maritime sector by clarifying procedures and rights.
