The government has introduced a draught Indian Antarctic Bill, 2020, over 40 years after India initially joined the Antarctic Treaty. On Friday, Earth Sciences Minister Dr. Jitender Singh introduced the draught Bill in the Lok Sabha.
The proposed Indian Antarctic Bill is India’s first domestic legislation on the subject of Antarctica.
Argentina, Australia, Belarus, Belgium, Canada, Chile, Columbia, Finland, France, Germany, Italy, Japan, Republic of Korea, Netherlands, New Zealand, Norway, Peru, Russian Federation, South Africa, Spain, Sweden, Turkey, Ukraine, United Kingdom, United States of America, Uruguay, and Venezuela are among the twenty-seven countries that have domestic legislation on Antarctica. Many other countries, including India, are also following suit.
For the last 40 years, India has sent expeditions to Antarctica, although these missions have been limited by international law. The bill now establishes a complete set of rules for scientific missions, as well as people, businesses, and tourists visiting Antarctica.
The Ministry has stated that activity in Antarctica is expected to rise in the future years, necessitating the implementation of a local set of protocols.
The Antarctic Treaty and related protocols, to which India is a member, will gain additional legitimacy as a result of domestic law.
The most important feature of the Indian Antarctic Bill is that it expands Indian courts’ jurisdiction to include crimes committed on the continent by Indian residents or foreign people who are part of Indian expeditions. So far, there has been no legal consequence for crimes committed during an expedition, including environmental crimes.
While the most important provision of the Bill is the extension of Indian courts’ jurisdiction to Antarctica, as well as the investigation and trial of crimes committed on the Arctic continent, the Bill is a comprehensive set of regulations, with environmental protection and the fragile nature of the region in mind.
The bill establishes a complex permit procedure for every expedition or anyone wishing to go to the continent. These permissions will be given by a government-created committee. Officials from the Defence, Ministry of External Affairs, Finance, Fisheries, Legal Affairs, Science and Technology, Shipping, Tourism, Environment, Communication, and Space ministries, as well as a member from the National Centre for Polar and Ocean Research, the National Security Council Secretariat, and experts on Antarctica, will make up the Committee.
The Committee has the authority to revoke permits if flaws are discovered or illegal acts are revealed.
While India does not engage in commercial fishing in the area, the Bill now allows for it because each country is granted a quota. However, in compliance with international law, tight guidelines are in place.
While India does not engage in any tourism activities in the region, and only a small number of Indian visitors visit Antarctica, those who do do so do so through international tour companies. A large number of visitors from other nations visit Antarctica. The Bill now allows Indian travel operators to operate in Antarctica, however they must adhere to tight rules similar to those that apply to commercial fishing.
The bill also includes detailed environmental protection and waste management regulations.
