NB Explains | What is India's first Anti-maritime Piracy Bill passed in Rajya Sabha?

In a significant development, both houses of Parliament have passed the landmark anti-maritime piracy bill moved by External Affairs Minister Dr. S Jaishankar. Notably, it is for the first time that India will have a domestic maritime piracy law that seeks to safeguard maritime assets on the high seas.

 

Though the country uses sections of the Indian Penal Code (IPC) to prosecute those accused of piracy, there has been no domestic maritime piracy law. However, this came with jurisdictional problems as those codes only applied to India’s territorial waters that extend only 12 nautical miles from India’s coast.

 

 

 

Apart from this, India also signed on to the UN Convention on the Laws of the Seas (UNCLOS) in 1995 which has some provisions for anti-piracy. An earlier effort to pass a domestic law to combat piracy during 2012 did not come to fruition.

 

The Bill defines piracy as any illegal act of violence, detention, or destruction committed against a ship, aircraft, any person or property, for private purposes, by the crew or passengers of a private ship or aircraft. It also defines ship as vessel or watercraft, and seaplanes and other aircraft capable of being used as means of transportation in water.

 

 

The Bill: It defines piracy as any illegal act of violence, detention, or destruction committed against a ship, aircraft, any person or property, for private purposes, by the crew or passengers of a private ship or aircraft. It also defines ship as vessel or watercraft, and seaplanes and other aircraft capable of being used as means of transportation in water.

 

Application: The bill provide an effective legal instrument to combat piracy, not only in territorial waters and the exclusive economic zone (EEZ) to Indian ships as well as foreign ships but also on the high seas — beyond the EEZ which is 200 nautical miles from the country's coastline.

 

Punishment/Imprisonment: The death penalty is not a mandatory clause now. Punishments would include imprisonment for life or death. Imprisonment may extend to imprisonment for life, or fine, or both. Death or imprisonment for life would be pronounced if the act or attempt of piracy includes attempted murder, or causes death. Impose up to 10 years of imprisonment, or fine, or both for attempting to commit or aid piracy; up to 14 years, or fine, or both for participating, organising or directing others to commit piracy.

 

Power of arrest or seizure: On the high seas, or in any other place outside the jurisdiction of India, a pirate ship or aircraft, or any ship or aircraft taken for piracy and under the control of pirates will be seized and the persons on board will be arrested as well as the property will be seized.

 

A seizure will be carried out only by warships or military aircraft of the Indian Navy or the ships or aircraft of the Indian Coast Guard or other ships or aircraft clearly marked and identifiable as being on Government service and authorised for such purpose.

 

Jurisdiction: It said the territorial jurisdiction of designated courts will be specified by the Centre after consulting with the Chief Justice of India. Now, official amendments "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".