INDIA is expected to join select band of countries
that have enacted explicit laws to prosecute sea pirates that operate in
international waters.
The Government is likely to work for passage of the Piracy Bill, 2012 either
in the current session of Parliament or subsequent one following clearance
of the proposed legislation by a Parliamentary panel.
The Bill has drafted keeping in view the guidelines for national legislation
for Maritime Criminal Acts prepared by the Legal Committee of the International Maritime Organization (IMO).
Netherlands and Germany are some of the countries that have domestic anti-piracy
legislation in place.
The Bill was introduced in Lok Sabha (Lower House) on 24th April, 2012 and
was referred by the Speaker to the Standing Committee on External Affairs for
examination and Report.
The Committee, in its report submitted earlier this week, recommended that
apart from the proposed anti-piracy domestic legislation, Indian Government
should make all efforts to enhance international cooperation on the issue of
maritime piracy at various international fora as well as address the factors
that have led to rise and spread of piracy in certain regions.
“The Committee have a strong view that India must be a part of all such international
endeavours to combat piracy and play a proactive role in any such initiative especially relating to India‟s Exclusive Economic Zone and High
Seas around Indian Ocean,” it says.
As noted by the Ministry of External Affairs, “India is among the countries
which have been seriously affected by the problem of maritime Piracy. Indian
Navy and Coast Guard, during the course of conducting anti-piracy operations
off our Western Coast, have apprehended several suspected pirates. As India
does not have a separate domestic legislation to deal with piracy-related offences,
problems have been faced in ensuring effective prosecution of the pirates.”
The report has quotes a Defence Ministry official as saying: “Our ships are
patrolling and they are catching these people. All that we can do is just disarm
them and let them go free. That is because we do not have a legislation. If
we had legislation then this 120 pirates, the number would have gone up to
250 or 500 and the piracy would have come under control. We would have been
able to try them and put them behind bars. If we have a legislation, it would
greatly help.”
The Piracy legislation has thus been prepared to plug this loophole in the
Indian legal framework.
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