INDIA AND MARITIME LAWS: A SYSTEMATIC REVIEW OF THE MARITIME PIRACY BILL, 2019

Author – KAVISH GARG & MD TAUHID KARIM, STUDENT AT CHRIST UNIVERSITY, DELHI NCR

Best Citation – KAVISH GARG & MD TAUHID KARIM, INDIA AND MARITIME LAWS: A SYSTEMATIC REVIEW OF THE MARITIME PIRACY BILL, 2019, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 554-562, ISSN – 2583-2344.

ABSTRACT

Maritime piracy is a complex transnational security issue that is characterised by new worldwide financial activities and organisational structures, an excess of labour, and low entry barriers. The Indian Navy and Coast Guard have been actively patrolling, which has resulted in the capture of pirates and the requirement to punish them by specialised domestic legislation. Charges like armed robbery (Section 392 of the IPC) and claiming the admiralty courts’ jurisdiction (which deals with marine and maritime matters) were deemed lacking. To prosecute piracy acts and ensure the safety of Indian maritime trade, vessels, and crew, the anti-piracy statute special was required. External minister S Jai Shankar while moving the bill in the house asserts that this law will play a crucial part in protecting sea routes since over 90% of India’s trade is conducted by coastal lines, and more than 80% of the nation’s hydrocarbon needs were supplied through the sea. 27 incidents involving 288 Indian nationals were detected between 2008 and 2011, and 19 cases involving 155 Indian crew members were detected between 2014 and 2022.  The Indian parliament passed Anti maritime Piracy Bill in 2019 to assure respect and commitment to international law as India is a member of the united nation convention on the law of the sea (UNCLOS), but is yet to form any municipal laws regarding the same. The researcher in this paper tries to analyse and examine the effect of the Anti-Maritime Piracy bill, of 2019. The researcher also tries to evaluate the legal history of piracy in India. The paper examines the current scenario of piracy law in India and the world through various case laws.

KEYWORDS: Anti-maritime piracy bill, 2019, Piracy, Indian Ocean, UNCLOS, Exclusive Economic Zones