The Indian Parliament has recently passed the Marine Aids to Navigation Bill 2021, effectively replacing the Lighthouse Act, 1927. This move is seen as a significant upgrade from the nearly century-old law governing traditional maritime navigational aids, such as lighthouses.
Background on Maritime Navigational Aids
Traditionally, the operation and management of lighthouses and lightships in India rested with the Lighthouse Act 1927. These structures primarily served as navigational aids and warning systems for potential maritime hazards. However, technological advancements saw the introduction of radar and other sensor-based systems that allowed land-based operators to advise vessels of their positions. This evolution of navigational aids led to the creation of Vessel Traffic Services (VTS), which quickly gained widespread approval, transforming marine navigation from a passive service to a passively interactive one.
The Need for New Legislation
Due to these technological developments and India’s international obligations, there was a need to update the existing statutory framework to accommodate the modern role of marine aids to navigation with the new Act.
Main Objectives of the Bill
The Marine Aids to Navigation Bill 2021 aims to incorporate global best practices and technological developments in marine navigation. It is also designed to fulfill India’s international obligations in the field, make the legislative framework more user-friendly, and promote ease of doing business.
Scope and Mechanism of the New Law
The new law applies to all Indian territories, including various maritime zones like continental shelves, territorial waters, and exclusive economic zones. The law defines aid to navigation as external devices, systems, or services aimed at enhancing the safety and efficiency of individual vessels and vessel traffic.
Institutional Framework and Heritage Lighthouse
Under the new law, the Central government will appoint a Director General to provide advice on matters related to aids to navigation. It also establishes positions for Deputy Director Generals and Directors for districts. Additionally, the government has been empowered to designate any navigational aid under its control as a “heritage lighthouse,” meant for educational, cultural, and tourism purposes.
Accountability Measures
The Bill also includes a new schedule of offenses, complete with corresponding penalties for obstructing or damaging navigational aids or non-compliance with directives from the government and other bodies.
Intended Benefits of the Marine Aids to Navigation Bill
The new bill promises several benefits, including improved legal frameworks for maritime navigation and Vessel Traffic Services. It also accommodates future developments in maritime navigation technology. Moreover, it aims to enhance shipping safety and environmental protection through effective Vessel Traffic Services management. Furthermore, it will establish training and certification for aids to navigation operators and Vessel Traffic Services at international standards, and set up audits and accreditations of training institutes. Another significant feature is marking of “wrecks” in general waters, making it easier to identify sunken or stranded vessels, thus improving navigational safety. Lastly, the development of lighthouses for educational, cultural, and tourism purposes could stimulate economic growth in coastal regions by exploiting their tourism potential.
