Context: The Indian Ocean region spanning across from the eastern coast of Africa to Indian coasts has been a hotbed for piracy activities. Although in the past, Indian Navy and Coast Guard have taken robust anti-piracy steps but due to the absence of any dedicated anti-piracy law, there were several hurdles in efficient handling of such operations.
In this regard, to boost the anti-piracy ecosystem in India and to give effect to United Nations Convention on the Law of the Sea (UNCLOS) relating to repression of piracy on the high seas and for matters connected therewith” (India ratified UNCLOS in 1995), India enacted Maritme Anti-Piracy Act, 2022. Indian Navy Chief Admiral has hailed this act as a "great enabler" such as success of recently conducted operation Sankalp in the Gulf of Aden.
Need for a dedicated Maritime Anti-Piracy Legislation:
- Giving effect to the International Convention: India is a party to the United Nations Convention on the Law of the Sea (UNCLOS) adopted by the United Nations on 10 December 1982, and ratified the convention in 1995. But there was absence of any dedicated domestic law on maritime piracy.
- Addressing inadequacy of Legal mechanism: Up until now, it did not have any domestic law on maritime piracy. Therefore, Indian Penal Code provisions relating to armed robbery are usually used to prosecute pirates apprehended by the Indian Navy and the Coast Guard. However, this has proven to be inadequate in the past. For ex: hijacking of Japanese ship MV Alondra Rainbow in 1999– first sea piracy case tried by an Indian court–is often cited as an example of such inadequacy. A group of armed Indonesian pirates were captured by the Indian Coast Guard in the Arabian Sea, and they were tried in India. While a sessions court in Bombay tried and convicted the pirates under various sections of the Indian Penal Code, the Bombay high court overruled the lower court’s decision and acquitted all the accused in April 2005.
- Rising cases: Gulf of Aden– which separates Somalia and Yemen and connects the Arabian Sea to the Red Sea and through the Suez Canal to the Mediterranean Sea– has seen a rise in attacks by pirates operating from Somalia since 2008. This route is used by 2,000 ships each month for trade between Asia and Europe and the East coast of Africa. Now, with enhanced naval presence in the Gulf of Aden, pirates shifted their area of operations, leading to several such piracy incidents towards the western coast of India as well.
Important Features of the Anti-Piracy Act, 2022:
Applicable to high seas, which includes the Exclusive Economic Zone and all waters beyond the jurisdiction of any other State.
Definition of Piracy
- Any illegal act of violence or detention or damage or destruction committed by any person, or by the crew or any passenger of a private ship. Such illegal acts come under the definition of piracy if they are committed against another ship or any person or property on board a ship, on the high seas.
- If anybody voluntarily participated in operating a ship knowing that it is a pirate ship, they can also be held guilty of piracy.
- Any act of inciting or of intentionally facilitating an act is also punishable as piracy.
- Any act which is deemed piratical under the international law including customary international law.
Definition of Pirate Ship:
A pirate ship has been defined as a ship which is intended to be used by anybody who controls it for piracy activities. The law applies to ships, seaplanes, and other aircraft capable of being used as a means of transportation on water or being engaged in any operations at sea.
Punishment:
Whoever commits any act of piracy, shall be punished—
- with imprisonment which may extend to imprisonment for life or with fine or with both; or
- with death or with imprisonment for life, if such person in committing the act of piracy causes death or an attempt thereof,
- In addition, shall also be subject to restitution or forfeiture of property involved in the commission of such offence.
- An attempt to commit piracy or helping someone to commit piracy is punishable with a jail term of up to ten years or with fine or with both.
- Participating or organizing or directing others to participate in an act of piracy will be punishable with up to 14 years of imprisonment, or a fine or both.
Implementing Authority:
- Central government can confer powers of arrest, investigation, and prosecution– as are available to a police officer under the Code of Criminal Procedure– to any of its officers or any state government officer.
- Authorised personnel may, either generally or on suspicion that a ship is engaged in piracy on the high seas, board such a ship and arrest the persons or seize the pirate ship and property on board.
- The ship or property seized shall be disposed of only by the order of the court.
Adjudicating Authority:
Central Government shall, after consulting Chief Justice of the concerned High Court, by notification, specify—
- one or more Courts of Sessions in a State, to be Designated Court for the purposes of this Act;
- territorial jurisdiction of each such court:
- Court would have the jurisdiction to handle cases against any person apprehended by or in the custody of the authorised personnel or police– irrespective of their nationality or citizenship of the person along with Indian citizens, or resident foreign nationals in India or stateless people.
- Note: However, warships and government-owned ships employed for non-commercial purposes will not be under the jurisdiction of the court.
Bail Conditions:
- Designated Court shall presume, unless the contrary is proved, that the accused person had committed such offence. (Presumption of Guilt).
- A person conducting a prosecution before a Designated Court shall be deemed to be a Public Prosecutor appointed under the said Code (Code on Criminal Procedure).
Extradition Provisions:
- The offences under this Act shall be deemed to have been included as extraditable offences and provided for in all extradition treaties made by India with any other State and which extend to and are binding on India on the date of commencement of this Act.
- In the absence of a bilateral extradition treaty, the offences under this Act shall be extraditable offences between India and other State on the basis of reciprocity.
- For the purposes of application of the provisions of the Extradition Act, 1962 (34 of 1962) to the offences under this Act, any ship registered in other State shall, at any time while that ship is operating, be deemed to be within the jurisdiction of that other State whether or not it is for the time being also within the jurisdiction of any other State.
NOTE: No suit, prosecution or other legal proceedings shall lie against authorised personnel for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act.
No suit or other legal proceeding shall lie against the Central Government or any State Government for any damage caused or likely to be caused for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act
To read more about Maritime Piracy: https://compass.rauias.com/current-affairs/maritime-piracy-security-challenge-21st-century/