The Kerala High Court has issued strong criticism against the state government for failing to take legal action to recover damages from the owners of a foreign cargo ship responsible for a major oil and chemical spill off the Kerala coast. The incident caused severe environmental damage and affected the livelihoods of local fishermen.

While considering case 2025 KHC OnLine 1792, the court observed that although the government spent substantial public funds on cleanup operations, it neglected to pursue compensation from the ship’s owners. The court described this as a violation of the government’s constitutional and legal obligations.

Citing the Admiralty Act of 2017, the court emphasized that High Courts have the authority to demand compensation for pollution caused by ships. The bench remarked that failing to exercise this power and instead spending taxpayers’ money amounted to administrative negligence.

The court further reminded the government that environmental protection is a constitutional duty under Articles 48A and 21, which mandate the state to safeguard the environment and citizens’ rights. Invoking the Public Trust Doctrine, the court stressed that natural resources are the property of the people and the government has a responsibility to protect them.

The High Court also warned that delays in taking legal action against ship owners could send a negative message at the international level. The judgment sets out strict guidelines for the state government to follow in handling similar incidents in the future.