In News
- Recently, Rajya Sabha passed the Maritime Anti-Piracy Bill to combat maritime piracy.
Key Points
- The Bill will provide for:
- An effective legal instrument to combat maritime piracy.
- Stringent punishment to those convicted of such crimes.
- The issue of death penalty as an “exceptional case” and the quantum of punishments envisaged are in line with the gravity of offences.
- Need of the Bill:
- Increasing involvement of crew members:
- Between 2008 and 2011 – 27 maritime incidents, with 288 Indian nationals involved.
- Between 2014 and 2022 – 19 piracy cases with 155 Indian crew members involved.
- Applicability:
- IPC is not valid for foreigners in international waters i.e., beyond 12 nautical miles.
- Piracy:
- Incidences of piracy operations are shifting towards the east and south, which increases their proximity to India’s west coast.
- Increasing involvement of crew members:
Comparison of Anti-Maritime Piracy Bill, 2019 & 2022 Amendments
|
Bill, 2019 |
2022 Amendments |
|
|
Applicability of the Bill
|
The Bill applies to all parts of the sea adjacent to and beyond the Exclusive Economic Zone (EEZ) of India, i.e., beyond 200 nautical miles from the coastline. |
The Bill will apply to high seas which includes EEZ and all waters beyond the jurisdiction of any other state (country other than India) |
|
Punishment for Piracy |
Penalty for committing any act of piracy: (i) imprisonment for life, or (ii) death, if the act or attempt of piracy includes attempted murder, or causes death. |
The penalty is being amended to: (i) imprisonment which may extend to imprisonment for life, or fine, or both, or (ii) death or imprisonment for life, if the act or attempt of piracy includes attempted murder, or causes death. |
|
Punishment for attempt to commit or aid piracy |
Up to 14 years of imprisonment and a fine |
up to 10 years of imprisonment, or fine, or both. |
|
Punishment for participating, organising or directing others to commit piracy |
Up to 14 years and a fine. |
up to 14 years, or fine, or both |
|
Personnel authorised for arrest and seizure |
(i) a warship or military aircraft of the Indian Navy, (ii) a ship or aircraft of the India Coast Guard, or (iii) ships or aircraft on government service, and authorised for such purpose. |
Only authorised personnel may carry out arrest and seizure. These personnel include: (i) officers and sailors assigned to warships or military aircraft of Indian Navy, or (ii) officers and enrolled persons of Coast Guard, (iii) officers of the central or state government authorised for any ship or aircraft. |
|
Power to carry out arrest and seizure on grounds of suspicion |
Bill provides for arrest and seizure of a pirate ship or aircraft, by: (i) a warship or military aircraft of the Indian Navy, (ii) a ship or aircraft of the Indian Coast Guard, or (iii) ships or aircraft on government service, and authorised for such purpose.
|
Only authorised personnel may carry out arrest and seizure. These personnel include: (i) officers and sailors assigned to warships or military aircraft of Indian Navy, or (ii) officers and enrolled persons of Coast Guard, (iii) officers of the central or state government authorised for any ship or aircraft. It adds that Authorised Personnel may carry out arrest and seizure on grounds of suspicion. |
|
Disposing seized property |
Nothing mentioned in the Bill |
The ship or property seized will be disposed of only by a Court order. |
|
Jurisdiction of Designated Court |
Territorial jurisdiction of designated courts will be specified by the central government after consulting with the Chief Justice of India. |
Adds that port or place of disembarkation within India of the person suspected or accused will be taken into account while deciding jurisdiction of the Court. |
|
Power of Designated Court to try a person while absent from the Court |
Court may try a person even if the person is not physically present in the Court. |
Provision deleted |
|
People who may carry out piracy |
The Bill defines piracy as any illegal act of violence, detention, or destruction committed against a ship, aircraft, person or property, for private purposes, by the crew or passengers of a private ship or aircraft. |
Adds ‘any person’ under the definition of people who may carry out piracy. |
|
Definition of ship |
Was not explained in the Bill |
Defines ship as (i) vessel or water craft, and (ii) seaplanes and other aircraft capable of being used as means of transportation in water. |
Significance
- In the absence of a specific law or a legal provision in the Indian Penal Code or the Criminal Procedure Code on piracy, this Bill would provide an effective legal instrument to combat maritime piracy.
- It would enable discharge of obligations under the UNCLOS which India had signed in 1982 and ratified in 1995.
- Ensuring maritime security is key to safeguarding India’s security and economic well-being.
- The security of sea lanes of communication is critical as more than 90 percent of India’s trade takes place by sea routes and more than 80 percent of the country’s hydrocarbon requirements was sea-borne.
Concerns
- Use of Death Penalty: Section 3 of the Bill provides that if a pirate causes death or makes an attempt to cause death, he shall be punished with the death penalty. Even the Indian Penal Code (IPC) does not permit death sentences where an attempt has been made which might result in causing death.
- Difficulty in Extradition: The Bill provides for presumption of guilt of the accused in case certain conditions are satisfied, for example recovery of arms and ammunition from possession of the accused, evidence of use of force in connection with offence, etc. Members said extradition of the accused may be difficult due to this provision.
- Issues regarding geographical applicability of the Bill: Controversies exist over overlapping jurisdiction of territorial waters, i.e. 12 nautical miles and EEZ i.e. 200 nautical miles.
Way Ahead
- The government should consult the security experts and other stakeholders to draft a comprehensive and compact bill, which can be implemented smoothly.
|
United Nations Convention on the Law of the Sea (UNCLOS)
|
Source: IE
