Maritime Piracy Bill
About:
- After the Anti-Maritime Piracy Bill is enacted, the 1995-approved UN Convention on the Law of the Sea (UNCLOS) would be incorporated into Indian law.
- By passing this Act, Indian law enforcement will be able to combat piracy on the high seas.
- How did maritime piracy traditionally get addressed?
- Prior to this, certain courts’ admiralty jurisdiction and the provisions of the Indian Penal Code, 1860 (IPCprovisions) for armed robbery were used to convict pirates.
- The 12-nautical-mile restriction on India’s territorial seas serves as the nation’s territorial limit.
- Due to the IPC’s lack of authority against foreigners who commit piracy outside of Indian territorial waters, the accused have been found not guilty.
What is covered under the Anti-Maritime Piracy Bill:
- The Anti-Maritime Piracy Bill defines piracy as an act of violence or detention committed on the high seas against the people or property aboard another vessel or aircraft by the crew or passengers of a private vessel or private aircraft.
- The Exclusive Economic Zone, or sea beyond 200 nautical miles from the Indian coastline, will be covered by the Bill (EEZ).
- Unknown is whether it will apply in the EEZ, which stretches between 12 and 200 nautical miles from the Indian coast.
What sanctions are imposed for violations of the Bill?
- If the act of piracy itself resulted in the death of another person or attempted to do so, the criminal will either get a life sentence in prison or the death penalty.
- Piracy-related participation or assistance is punishable by up to 14 years in jail and a fine.
- However, because participating in an act of piracy implies involvement as well, it is unclear how the overlap of the 14-year sentence and life term will be decided.
- They express concern over the death sentence being included in the Bill because the Indian Supreme Court has argued for its use in the “rarest of rare” circumstances.
- The death penalty is an infringement of Articles 14 and 21 of the Indian Constitution, according to the Supreme Court of India.
The UN Convention on the Law of the Sea is what exactly?
- Oceans and resource use are governed under the 1982 UN Convention on the Law of the Sea (UNCLOS).
- All areas of ocean space are governed by the UNCLOS, including delineation, environmental management, oceanographic research, economic and commercial activity, technology transfer, and the resolution of ocean-related disputes.
- Member States are permitted to take a pirate ship, aircraft, or vessel that has been captured by pirates, imprison the suspects, and seize the property on board in order to deal with incidents of piracy on the high seas.
- However, either military ships or aircraft must be used in the capture, or it must be obvious that the victims are government workers.
- Penalties and disposition of seized property are decided by the judiciaries of the States that carry out the seizure and arrests.
Why is it necessary to have anti-piracy laws?
- Due to piracy episodes, the Gulf of Aden, which divides Somalia and Yemen and connects the Arabian Sea, Red Sea, and finally the Mediterranean Sea via the Suez Canal, has a reputation for being one of the deadliest marine environments.
- For nations in Asia, Europe, and on the eastern coast of Africa, this is also one of the most significant trade routes.
- Piratery has been seen to be migrating east and south, bringing it closer to India’s west coast. This is due to the fact that the Gulf of Aden is home to more ships.
- Additionally, it has been challenging to successfully prosecute pirates who have previously been apprehended by the Indian Navy or Coast Guard due to the absence of particular domestic anti-piracy legislation.
