In News:

In a rare legal move, the Kerala High Court ordered the conditional arrest of the Liberian container ship MSC Akiteta II, anchored at Vizhinjam Port. The Kerala government filed an admiralty suit seeking ?9,531 crore compensation for alleged environmental and economic damage caused by the sinking of MSC Elsa III.

Legal Framework: Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017

Purpose:

• Consolidates and updates maritime laws in India.
• Replaces outdated colonial legislations like:
  • Admiralty Court Act, 1861
  • Colonial Courts of Admiralty Acts of 1890 and 1891
  • Relevant provisions of Letters Patent, 1865

Applicability:

• Applies to all vessels, regardless of owner’s residence or domicile.
• Exemptions:
  • Inland vessels under the Inland Vessels Act, 1917
  • Warships and other government vessels used for non-commercial purposes
  • Foreign government vessels used for non-commercial purposes (as notified)

Key Provisions:

Section 4 – Maritime Claims:

High Courts can adjudicate disputes related to:

• Damage to vessels or marine environment
• Oil pollution and hazardous cargo
• Ownership or possession of a vessel
• Loss of life or injury due to vessel operations
• Carriage agreements (goods/passengers)
• Claims for unpaid wages, port dues, or cargo losses

Section 5 – Arrest of Vessels:

• Courts may order “arrest” of a ship to secure a maritime claim.
• Arrest can be made even if the ship is not directly involved but is owned by the liable party.
• It serves to ensure that compensation or security is provided before the vessel is released.
• Claimants may be asked to furnish an unconditional undertaking to compensate for wrongful arrest, if proved later.

Jurisdictional Expansion:

• Earlier limited to Bombay, Calcutta, and Madras High Courts.
• Now extended to Kerala, Karnataka, Odisha, Telangana, and Andhra Pradesh as well.
• Jurisdiction covers territorial waters up to 12 nautical miles, including seabed, subsoil, and airspace.

In Rem vs In Personam:

• Legal action can be initiated directly against the vessel (in rem) or against the owner/operator (in personam), based on the nature of the claim.

Why in the News?

Paris-based International Energy Agency highlighted India’s Energy Conservation Building Code (ECBC), 2017 as something that sets it apart from other developing economies where “energy efficiency in buildings stands out as a laggard”.

About Energy Conservation Building Code (ECBC):

• Energy Conservation Building Code (ECBC) Released by the Bureau of Energy Efficiency (BEE).
• It was first released in 2007 and again updated in 2017.
• The purpose of ECBE is to set minimum energy standards for commercial buildings, with the objective of enabling energy savings of between 25 and 50% in compliant buildings.
• Commercial buildings include hospitals, hotels, schools, shopping complexes and multiplexes which have a connected load of 100 kW or more, or contract demand of 120 kVA or more.
• Also the code is for both new buildings and retrofitting existing buildings.
• Assessment Parameters: The Energy Conservation Building Code (ECBC) primarily looks at parameters like building design including envelope (walls, roofs, windows), lighting systems, and renewable energy integration among others.
• Tagging of buildings: Compliant buildings are assigned one of three tags in ascending order of efficiency, namely ECBC, ECBC Plus, and Super ECBC.
• 23 out of 28 states have notified ECBC rules. But only 15 states have notified rules based on the latest ECBC,2017.
• Five states — Gujarat, Maharashtra, J&K, Ladakh, and Manipur — are yet to notify ECBC rules.