The Maritime Anti-Piracy Bill

Why in news?

• Recently, Rajya Sabha passed the The Maritime Anti-Piracy Bill to combat maritime piracy.

About the Maritime Anti-Piracy Bill:

• The Bill provides for prevention of maritime piracy and prosecution of persons for such piracy-related crimes.
• It will apply to all parts of the sea adjacent to and beyond the limits of the Exclusive Economic Zone of India, i.e., beyond 200 nautical miles from the coastline.
• The Bill brings into law the United Nations Convention on the Law of the Sea (UNCLOS).

Key Features of the Bill:

• Defines 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. Such acts may be carried out in the high seas (beyond the Exclusive Economic Zone of India) or any place outside the jurisdiction of India.
  • Inciting or intentionally facilitating such acts would also qualify as piracy.
  • It includes any other act that is considered as piratical under international law.
  • Piracy also includes voluntary participation in the operations of a pirate ship or aircraft used for piracy.
• Penalties:
  • An act of piracy will be punishable with:
    • Imprisonment for life; or
    • Death, if the act of piracy causes or attempts to cause death.
  • An attempt to commit, aid, support, or counsel an act of piracy will be punishable with up to 14 years of imprisonment, and a fine.
  • Participating, organising, or directing others to participate in an act of piracy will also be punishable with up to 14 years of imprisonment, and a fine.
  • Offences will be considered extraditable. This means that the accused can be transferred to any country for prosecution with which India has signed an extradition treaty.
  • In the absence of such treaties, offences will be extraditable on the basis of reciprocity between the countries.
• Jurisdiction of the Courts:
  • The central government, in consultation with the Chief Justice of the concerned High Court, may notify Sessions Courts as the Designated Courts under this Bill.
  • The Designated Court will try offences committed by:
    • A person in the custody of the Indian Navy or Coast Guard, regardless of his nationality.
    • A citizen of India, a resident foreign national in India, or a stateless person.
  • The Court will not have jurisdiction over offences committed on a foreign ship unless an intervention is requested by:
    • The country of origin of the ship.
    • The ship-owner.
    • Any other person on the ship.
  • Warships and government-owned ships employed for non-commercial purposes will not be under the jurisdiction of the Court.

PRACTICE QUESTION

With reference to the ‘Maritime Anti-Piracy Bill’, consider the following statements:

1. The bill is not applicable to the sea beyond the Exclusive Economic Zone

2. The Bill defines maritime piracy in detail

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer