SAFEGUARDING OUR OCEANS ; THE ROLE OF ANTI MARITIME PIRACY BILL

 

To promote trade security Lok Sabha passed Anti Maritime Piracy Bill .This law will bring the UN Convention on the law of sea into domestic law and will enable Indian authorities to take action against piracy on the high seas.

WHY DO WE NEED THE BILL?

• IPC is not applicable for foreigners in International waters , Previously , pirates were prosecuted under the India Penal Code, 1860.
• India's Sovereignty is delimited by 12 nautical miles from the coast ( by the outer boundary of its territorial waters).
• When the act of piracy was committed by a foreigner outside India's territorial water's it can not be an offence under the IPC , and those accused in piracy cases have been acquitted due to the lack of  jurisdiction.
• Now Gulf of Aden had high number of piracy cases . Due to increased naval presence in that area it is seen that naval operations are shifting towards the east and south, which increases their proximity to India's west coast.
• Incidents ; 18 Indians abroad a crude oil carrier were were kidnapped off coast of Nigeria last year.(2021).

KEY POINTS 

• The bill  has defined piracy as an act of violence or detention by the crew or passengers of a private vessel or private air craft on high seas , directed against another vessel or aircraft and or people or property on board.
• The bill will be applied to the sea beyond the Exclusive Economic Zone( Beyond 200 nautical miles from India's coast line.
• According to the bill the convicts shall be punished with imprisonment for life or death in case the act of piracy itself caused death or attempts to cause death of another person.
• Thus participating or assisting acts of piracy will be punishable up to 14 years of imprisonment and fine.
• Extraditable offences : The accused can be transferred to any country for prosecution with which India has signed an extradition treaty. 
• The designated courts are notified by the central government  in consultation with the Chief Justice of the concerned High court.
• The presumption of guilt will be on accused if;

1. The accused is in possession of arms , explosives and other equipment which were used or intended for use in committing the offense.
2. Evidence for the use of force
3. Intended use of bombs and arms.

ISSUES

• Lack of clarity 
• Issue with death penalty; According to top court it violates article 21 and 14 of the constitution.SC of India has advocated for the use of extreme punishment in the rarest of rare cases.

UNCLOS