The Anti-Maritime Piracy Bill recently passed in the Rajya Sabha is expected to provide a substantial legislative tool towards countering Maritime Piracy. This is vital for India as more than 90% of its trade occurs via sea routes and over 80% of its hydrocarbon requirements are met through sea transportation.
Key Features of the Anti-Maritime Piracy Bill
The Bill, aimed at preventing maritime piracy and prosecuting persons involved in piracy-related crimes, extends to all parts of the sea adjacent to and beyond the Exclusive Economic Zone (EEZ) of India. This means it covers areas beyond 200 nautical miles from the coastline. The Bill also brings the United Nations Convention on the Law of the Sea (UNCLOS) into law.
Piracy is defined under this Bill as any illegal act of violence, detention, or destruction against a ship, aircraft, person or property, performed for private purposes by the crew or passengers of a private ship or aircraft. Inciting or intentionally facilitating such acts, or voluntary participation in pirate operations, also qualifies as piracy under this legislation.
Penalties for piracy include life imprisonment or death if the act of piracy causes or attempts to cause death. Aiding, abetting, supporting, or counseling an act of piracy will bear a penalty of up to 14 years of imprisonment and a fine. These offenses are considered extraditable, meaning the accused can be transferred to any country for prosecution with which India has an extradition treaty.
Courts Jurisdiction Under the Anti-Maritime Piracy Bill
Under this legislation, the central government may designate Sessions Courts as the Designated Courts under consultation with the Chief Justice of the respective High Court. These courts will try offenses committed by individuals in the custody of the Indian Navy or Coast Guard, regardless of nationality, as well as Indian citizens, resident foreign nationals in India, or stateless persons.
However, they will not have jurisdiction over offenses committed on a foreign ship unless an intervention is requested by: the country of origin of the ship, the ship-owner, or any other person on the ship. Warships and government-owned ships used for non-commercial purposes are exempted from the Court’s jurisdiction.
Challenges Posed by the Anti-Maritime Piracy Bill
The Bill presents some challenges, including the potential for mandatory death penalties in cases where piracy attempts to cause death – a measure considered unconstitutional by Supreme Court as it violates Articles 14 and 21 of the Constitution.
There’s also the issue of imprisonment terms; participation in piracy attracts up to 14 years, while committing an act of piracy attracts life imprisonment. As these circumstances may overlap, determining the appropriate punishment could be complex.
Questions also arise about whether the Bill should cover the Exclusive Economic Zone (EEZ), the area between 12 nautical miles and 200 nautical miles from the coastline of India.
The UN Convention on the Law of the Sea (UNCLOS)
This 1982 international agreement establishes a legal framework for maritime activities. It categorizes marine areas into five main zones namely- Internal Waters, Territorial Sea, Contiguous Zone, Exclusive Economic Zone (EEZ) and the High Seas, providing guidance for states’ rights and responsibilities in these zones. India ratified this convention in 1995.
Previous Year Questions (PYQs) in UPSC Civil Services Examination
In the past, questions related to maritime security and agreements have appeared in various forms, such as the ‘Trans-Pacific Partnership’ and ‘Indian Ocean Rim Association for Regional Cooperation (IOR-ARC)’. Questions have also been asked about bilateral issues between India and China in the context of maritime territorial disputes and tension in the South China Sea. These offer insights into potential areas of focus for future examination questions.
