Context: The Anti-Maritime Piracy Bill, 2019 has been listed for consideration and passing during the Monsoon session of the Parliament.

• The Bill, if passed, will bring the United Nations Convention on the Law of the Sea (UNCLOS) into domestic law and enable Indian authorities to take action against piracy on the high seas.
  

?Anti-piracy legislation in India

• India currently does not have legislation on matters of piracy on the high seas.

• India had ratified the convention of UNCLOS in 1995.

• Earlier, pirates were prosecuted under the Indian Penal Code, 1860 (IPC), under provisions dealing with armed robbery and the admiralty jurisdiction of specific courts.

• But, the extent of India’s jurisdiction is up to 12 nautical miles only.

• Acts of piracy committed by a foreigner outside India’s territorial waters cannot be an offence under the IPC.

• Accused in piracy cases have been acquitted due to the lack of jurisdiction.

Anti-maritime Piracy Bill

• The Bill defines piracy as an act of violence or detention by the crew or passengers of a private vessel or private aircraft on high seas, directed against another vessel or aircraft and/or people or property on board.

• The Bill will apply to the sea beyond the Exclusive Economic Zone (EEZ), that is, beyond 200 nautical miles from India’s coastline.

• The bill is unclear about it’s jurisdiction over the zone between 12 to 200 nautical miles.

What is the punishment for offences as per the Bill?

• For committing acts of piracy, the convicts shall be punished with imprisonment for life or death in case the act of piracy itself causes the death or attempts to cause the death of another person.

• Participating in or assisting acts of piracy will be punishable with up to 14 years of imprisonment and a fine.

• But, it is unclear how the overlap of the 14-year term and life term will be determined since committing an act of piracy will necessarily include participation as well.

• They also raise concerns about the death penalty being mentioned in the Bill since the Supreme Court of India has advocated for the use of the extreme punishment in the “rarest of rare” cases.

• Note: According to the Supreme Court of India, the death penalty violates Articles 14 and 21 of the Constitution.

Need of for anti-piracy regulations

• Gulf of Aden has been one of the deadliest areas in the oceans due to a large number of piracy incidents.

• Gulf of Aden separates Somalia and Yemen and connects the Arabian Sea to the Red Sea and further to the Mediterranean Sea through the Suez Canal.

• It is also one of the most important trade routes for countries in Asia, Europe, and on the eastern coast of Africa.

• Due to an increased naval presence in the Gulf of Aden, piracy operations are shifting towards the east and south, which increases their proximity to India’s west coast.

• The absence of any specific laws relating to the offence of maritime piracy in India is an issue that hinders the efficient prosecution of the pirates.

• The Indian Penal Codes are applicable only up to the territorial waters.