Indian Antarctic Bill, 2022: India-Antarctic Relation

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Indian Antarctic Bill 2022

News Highlights

Indian Antarctic Bill, 2022 passed in Rajya Sabha.

India-Antarctic Relation

  • February 1956: Nehru-Menon initiative, that India became the first country in the world to request an item on the agenda of the eleventh UN General Assembly entitled “The Question of Antarctica” to ‘ensure that the vast areas and its resources were used entirely for peaceful purposes and for the general welfare.
  • December 1959: Antarctica Treaty was signed in Washington DC.
    • Number of countries including the USSR, India was neither involved nor invited. 
  • January 1982: India’s first Antarctic expedition Operation Gangotri reaches its destination.
  • December 1982: A second expedition led by one of India’s top geologists V.K. Raina landed in Antarctica
  • August 1983: With two expeditions successfully completed within a span of 11 months, India finally became a member of the Antarctic Treaty and China followed in 1985.
    • Today the Treaty has 46 members and has a Convention on Marine Living Resources and a Protocol on Environmental Protection as well.
  • 1984: Unmanned Antarctic research base — named Dakshin Gangotri — was established.
  • 1988: India has set up manned research station Maitri in Antarctica
  • 2012:  India has set up manned research station Bharati in Antarctica
  • India is also a member of 
    1. Council of Managers of National Antarctic Programme (COMNAP)
    2. Scientific Committee of Antarctica Research (SCAR)
    3. Commission for Conservation of Antarctic Marine Living Resources (CCAMLR)

The Indian Antarctic Bill, 2022

  • The Indian Antarctic Bill is the first domestic legislation about Antarctica in India.
  • The Bill seeks to extend the application of domestic laws to research stations set up by India in the Antarctic region. 
    • India has two active research stations in the Antarctic — Maitri and Bharti — where scientists are involved in research.
  • The Bill seeks to give effect to the 
    1. Antarctic Treaty, the Convention on the Conservation of Antarctic Marine Living Resources
    2. Protocol on Environmental Protection to the Antarctic Treaty.  
    3. It also seeks to protect the Antarctic environment and regulate activities in the region.  

Key features of the Bill include:

  • Applicability:
    • The provisions of the Bill will apply to any person, vessel or aircraft that is a part of an Indian expedition to Antarctica under a permit issued under the Bill.  
    • Areas comprising Antarctica include 
      1. the continent of Antarctica, including its ice shelves and all areas of the continental shelf adjacent to it, and 
      2. all islands (including their ice shelves), seas, and air space south of 60°S latitude.
    • The Antarctic Bill will extend the jurisdiction of Indian courts to Antarctica for crimes on the continent by Indian citizens or foreign citizens who are a part of Indian expeditions.
  • A Committee
    • The government will set up Committee to introduce an elaborate permit system for any expedition or individual who wishes to visit the continent.
    • Committee Members
      • Committee will comprise the Secretary Earth Sciences ministry and have officials from Defence, Ministry of External Affairs, Finance, Fisheries, Legal Affairs, Science and Technology, Shipping, Tourism, Environment, Communication and Space ministries.
      • Also have National Centre for Polar and Ocean Research and National Security Council Secretariat members.
    • Functions of the Committee
      1. Granting permits for various activities.
      2. Implementing and ensuring compliance with relevant international laws for the protection of the Antarctic environment.
      3. Obtaining and reviewing relevant information provided by parties to the Treaty, Convention, and Protocol.
      4. Negotiating fees/charges with other parties for activities in Antarctica.
  • Need for a permit:
    • A permit by the Committee or written authorisation from another party to the Protocol (other than India) will be required for various activities such as: 
    • An Indian expedition to enter or remain in Antarctica
    • A person to enter or remain in an Indian station in Antarctica,
    • vessel or aircraft registered in India to enter or remain in Antarctica
    • A person or vessel to drill, dredge or excavate for mineral resources, or collect samples of mineral resources
    • Activities which may harm native species
    • Waste disposal by a person, vessel or aircraft in Antarctica.

What does the Bill prohibit?

  • The Bill prohibits an extensive list of actions on the continent, including drilling, dredging, excavating or collecting mineral resources. 
    • An exception can be made if it is done for scientific research with a granted permit.
  • It also restricts individuals from damaging the environment, including native plants, birds and seals. 
  • It disallows flying or landing helicopters or operating vessels that can disturb the native animals. 
  • It prohibits any activity that could harm the habitat of birds and animals and kill, injure or capture any bird or animal.
  • Introducing non-native animals, birds, plants, or microscopic organisms is prohibited under the Bill.
  • Violating any of the regulations prescribed by the Bill will attract high penalties.
    • The lowest penalty comprises imprisonment between one-two years and a penalty of Rs 10-50 lakh.
  • Extraction of any species native to Antarctica or introducing an exotic species to the continent can bring imprisonment of seven years and a fine of Rs 50 lakh.

Content Source: The Hindu

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