Current Affairs 2022: Indian Antarctic Bill

Currently, 27 countries have domestic legislation on Antarctica. Countries like India are now beginning to follow the suit. 

The government introduced the Indian Antarctic Bill in the Lok Sabha on April 1, 2022. If this bill passes, the national actions can be taken to conserve the Antarctic environment, associated ecosystems, and their dependencies, as well as to reinforce the Antarctic Treaty, the Protocol on Environment to the Antarctic Treaty and the Convention to protect Antarctic marine life. The draft bill is the first domestic legislation with reference to Antarctica in India. Nearly 27 countries including Australia, Canada, Argentina, Belarus, Chile, Belgium, Columbia, France, Finland, Italy, Germany, Republic of Korea, Japan, New Zealand, Netherlands, Peru, Russian Federation, Norway, Spain, Turkey, South Africa, Sweden, Ukraine, USA, UK, Venezuela, and Uruguay have domestic legislation on Antarctica. Now, other countries including India are following the suit.

India has been dispatching expeditions to Antarctica for the last 40 years, these expeditions were restricted by international law. The Indian Antarctic Bill puts into place an extensive list of regulations affiliated with Antarctica, for individuals, tourists, companies and scientific expeditions. The government is expecting more activities in Antarctica in upcoming years, making the implementation of a domestic group of protocols important. Domestic legislation will further provide better validation to the Antarctic Treaty, to which India is a cosigner.

What is the Antarctica Treaty?

In 1959, the Antarctic Treaty was signed by 12 countries- Australia, Argentina, the French Republic, Belgium, New Zealand, Chile, Norway, USSR, Japan, Union of South Africa, the UK and the US, which came into force in 1961. Presently, 54 nations are signatories to the Antarctic Treaty, but only 29 nations have the right to vote at the Antarctic Treaty Consultative Meetings including India.

Important Terms of the Indian Antarctica Bill

Indian Antarctic Bill establishes a detailed authorization system for any expedition or anyone who wishes to travel to the continent. The committee established by the government will release these authorizations. The Committee will consist of the Secretary, Ministry of Earth Sciences, officials from the Defence Ministry, Ministry of Finance, Ministries of External Affairs, Fisheries, Science & Technology, Tourism, Shipping, Communication & Space, and Environment along with the experts on Antarctica and the member from the Polar and Ocean Research and the National Security Council Secretariat. 

Due to the fact that India is barred from commercial fishing in the region since every country has an assigned quota, the Indian Antarctic Bill allows fishing activity, but there are strict guidelines as per international law. 

Also, India cannot carry out any tourism activity in the area, very few Indian tourists visit Antarctica and only through foreign tour operators. According to the Bill, Indian tour operators can operate in Antarctica. However, the Committee can reject the permit if defects or operations in violation of the law are found.

Prohibitions Mentioned in the Bill 

Indian Antarctic Bill restricts dredging, drilling, collection or excavation of mineral resources or carrying out activities to identify that these mineral deposits occur. The only exemption is for scientific research with prior permission. 

Flying or landing helicopters, destroying native plants or operating vessels that harm seals and birds, using weapons that could harm animals & birds and removing soil are strictly prohibited.

Penalty & Offences

The bill aims to set up a designated court to try crimes committed in Antarctica. Further, the Indian Antarctic Bill, 2022 sets extreme penal provisions, the minimum penalty comprising imprisonment of one to two years and a penalty of INR 10-50 Lakh. Extraction of any local species from Antarctica, or origination of an exotic species to the continent can cost imprisonment of seven years & INR 50 lakh fine. For any nuclear explosion or throwing nuclear waste, the imprisonment can vary between 20 years to life with INR 50 Cr fine.

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About the Author

  Ankita Rawat is doing a graduation in BA(JMC) from JIMS Vasant Kunj, New Delhi.

 

 

 

 

 

 

 

 

Note: The views expressed in this article are solely the author’s own and do not reflect/represent those of Shiksha