India One Step Closer To Establishing Authority On Frigid Land With Indian Antarctic Bill
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by which the will of the people is translated into practice. But the terms and
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The Lok Sabha on Friday gave its nod to the Indian Antarctic Bill, 2022,
paving the way for India’s first such legislation drafted exclusively for the
pristine continent which remains a no-man’s land. The bill will now be tabled
in the Rajya Sabha before it can become a law.
The draft bill sets in motion the country’s plan to establish some authority
on the frigid land, which can allow the government to keep a check on any
violations happening in and around its base in Antarctica. Till date, India
neither has any laws governing its activities on the continent, nor any
authority to issue permits for any kind of expeditions.
Apex Authority
Indian Antarctic Program:
— NCPOR (@ncaor_goa) April 5, 2020
Since its inception in 1981, India established 03 research bases-Dakshin Gangotri (non-active, HSM 44), Maitri & Bharati (both active). So far, 39 expeditions to Antarctica have successfully launched with ~ 2000 scientists from >120 institutions@moesgoi pic.twitter.com/rQ9Kut0j2L
The government has proposed to set up an Indian Antarctic Authority (IAA)
under the Ministry of Earth Sciences, which will act as the apex
decision-making authority for matters related to the continent. It will also
establish processes for the sponsorship and supervision of Antarctic research
and expeditions, while ensuring compliance by Indian citizens engaged in the
Antarctic programmes and activities with relevant rules and internationally
agreed standards. The IAA will be headed by Secretary, Ministry of Earth
Sciences, as the chairperson and will have official members from the India
ministries concerned and decisions will be by consensus.
Permits To Visit Antarctica
The Committee on Antarctic Governance and Environmental Protection to be set
up under the bill will issue permits without which no person will enter or
remain in an Indian station in Antarctica, unless they have authorisation from
any other party to the protocol. It will monitor, implement and ensure
compliance of the relevant international laws, and rules for the protection of
Antarctic environment by the operators or by any other persons engaging in
programmes and activities on Antarctica. The draft also makes a provision for
inspection by any designated government official, and provide for penalty for
contravention of certain provisions of the Bill.
Can India Make A Law In No-Man's Land?
While no single country can stake any claim on any part of Antarctica, they
have liberty to govern the areas where they have set up their research
stations. Over the years, several countries have laid down their laws to
enforce the existing global treaties more effectively and keep a check on any
violations. India, so far neither had any law, nor any teeth to take action if
a violation takes place.
The enforcement of such laws will confer jurisdiction on the courts of India
to deal with any dispute or crimes committed in parts of Antarctica.
Legislation of such a kind will bind the citizens to the policies of the
Antarctic treaty system. The bill will be applicable on Indian citizens, as
well as foreign citizens, and any company registered in India or any sea
vessel registered in India.
“The bill provides harmonious policy and regulatory framework for India’s
Antarctic activities through well-established legal mechanism,” Minister of
State (Independent Charge) Earth Sciences Dr Jitendra Singh told Lok Sabha
while introducing the bill on Friday. “The main aim is to ensure
de-militarization of the region along with getting it rid of mining or illegal
activities. It also aims that there should not be any nuclear test/explosion
in the region.”
With continued presence of Indian scientists in research stations in
Antarctica, the bill will help the country to bolster its visibility and
credibility in international polar research and governance. This is critical
in view of the growing presence of countries on the continent and
apprehensions of it becoming a potential site of international discord in
future. The government is also looking at it from the perspective of India’s
interest and pro-active involvement in the management of growing Antarctic
tourism and sustainable development of fisheries resources in Antarctic
waters.
How Is Antarctica Governed?
The continent is a no-man’s land — a natural reserve that belongs to no
country. It is only governed by global agreements — Antarctic Treaty and the
Protocol on Environment Protection to the Antarctic Treaty or ‘Madrid
Protocol’, and the 1980 Convention on the Conservation of Antarctic Marine
Living Resources. India is a signatory to all three treaties and the proposed
bill is in adherence to them.
The 1959 Antarctic Treaty now has close to 54 countries on board, of which 29
countries — including India — have the status of Consultative Party with a
right to vote in the Antarctic Consultative meetings.
India’s Presence In Antarctica
Currently, India has two operational research stations in Antarctica named
Maitri, commissioned in 1989, and Bharati, commissioned in 2012. India has
successfully launched 40 annual scientific expeditions to Antarctica till
date. With Himadri station in Ny-Alesund, Svalbard, Arctic, India now belongs
to the elite group of nations that have multiple research stations within the
Polar Regions.
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