Introduction:
Almost 39 years after India signed the Antarctic Treaty; The Parliament last week passed the Indian Antarctic Bill 2022. The Bill aims at having India’s own national measures for protecting the Antarctic environment as also the dependent and associated ecosystem. It provides a harmonious policy and regulatory framework for India’s Antarctic activities through well-established legal mechanisms and will help in efficient and elective operations of the Indian Antarctic Programme. The Bill also proposed to set-up the Indian Antarctic Authority under the Ministry of Earth Sciences, which will be the apex decision making body.
- The Antarctic Treaty was signed on December 01, 1959, by 12 countries: Argentina, Australia, Belgium, Chile, France, Japan, New Zealand, Norway, South Africa, the USSR, the UK and the US. Their objective was to demilitarise Antarctica, promote international scientific cooperation, and to set aside territorial sovereignty disputes.
- India’s Antarctic expeditions started in 1981 with a team of 21 scientists and support staff. Thereafter, India launched 40 annual expeditions to the continent and set up the Antarctic Scientific Division and the Antarctic Logistics Division.
- The Bill seeks to give effect to the Antarctic Treaty, the Convention on the Conservation of Antarctic Marine Living Resources, and the Protocol on Environmental Protection to the Antarctic Treaty.
- It also seeks to protect the Antarctic environment and regulate activities in the region.
- 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 of Antarctica include: (i) the continent of Antarctica, including its ice-shelves, and all areas of the continental shelf adjacent to it, and (ii) all islands (including their ice-shelves), seas, and air space south of 60°S latitude.
- Central committee: The central government will establish a Committee on Antarctic Governance and Environmental Protection. The Committee will be chaired by the Secretary of the Ministry of Earth Sciences.
- The functions of the Committee include:
- granting permits for various activities
- implementing and ensuring compliance of relevant international laws for protection of Antarctic environment, (iii) obtaining and reviewing relevant information provided by parties to the Treaty, Convention, and Protocol
- negotiating fees/charges with other parties for activities in Antarctica.
- Need for permit: A permit by the Committee or written authorisation from another party to the Protocol (other than India) will be required.
- Before a permit is granted by the Committee, the applicant has to carry out an environmental impact assessment of the proposed activities.
- Prohibited activities: The Bill prohibits certain activities in Antarctica including
- nuclear explosion or disposal of radioactive wastes
- introduction of non-sterile soil
- discharge of garbage, plastic or other substance into the sea which is harmful to the marine environment.
- Offences and penalties: The Bill specifies penalties for contravention of its provisions.
Conclusion
- On November 15, 2021, India launched its latest exploration in the Antarctic with two major programs which aim to explore the link between India and Antarctica in the past and to understand the Antarctic climate.
- Thus, the bill aims to provide a harmonious policy framework for India’s Antarctic activitiesthrough a well-established legal mechanism, facilitate activities of the Indian Antarctic programme, including management of Antarctic tourism and sustainable development of fisheries.
- The bill will help in efficient and elective operations of the Indian Antarctic Programme
