Syllabus
GS Paper 2 – Bilateral, Regional and Global Groupings and Agreements involving India and/or affecting India’s interests.
Context
In less than two days, the Indian Navy promptly intervened and thwarted two piracy attempts off the coast of Somalia.
Maritime Piracy
Piracy refers to any unauthorized violent act committed for personal gain, outside the typical jurisdiction of any state, either in the air or at sea. This term encompasses a spectrum of crimes, from minor thefts on ships at sea or at anchor, to armed robbery and the seizure of a ship for ransom.
Categories of Maritime Piracy
- Armed Robbery: This involves armed criminals unlawfully boarding a ship with the intent to steal cargo, equipment, or the personal belongings of the crew, typically without causing them harm.
- Hijacking/Kidnapping: In this scenario, pirates take over a vessel and its crew, often demanding a ransom for their release.
- Violent Assault: Here, pirates resort to physical violence against the crew, potentially causing injury or even death, while pilfering valuable assets from the ship.
- Cargo Theft: In this type of piracy, pirates specifically target cargo or valuable goods, robbing the vessel of its valuable shipment.
Factors Contributing to the Prevalence of Piracy in Recently Attacked Areas
- Inadequate Policies: The seas are highly susceptible to piracy due to the absence of effective law enforcement.
- Insufficient Capacity Building: The countries bordering these waters lack strong or adequate naval capabilities to patrol and safeguard them.
- Political Instability: Some of these countries are grappling with internal instability, which further impedes their ability to secure their maritime territories.
- High Shipping Traffic: These areas witness a high volume of merchant vessels as they connect major sea lanes such as the Strait of Hormuz or the Bab el Mandeb Strait.
- Narrow Passages: Ships, while navigating through these areas, sail in close proximity and reduce their speed, making them an easier target for pirates.
- Anchored Ships: In the Gulf of Aden or the Gulf of Guinea, ships often have to wait for days before entering the port. They are often anchored or adrift, which exposes them to the risk of being boarded by pirates.
- Socio-economic Issues: The coastal communities, plagued by unemployment, poverty, and civil unrest, resort to piracy as a means of survival or profit.
- Lack of Coordination: These areas are mostly international waters, international straits, or archipelagic waters that fall within the maritime jurisdiction of several countries. This leads to legal complexities and difficulties in coordination.
- Absence of Legal Framework: The captured pirates often evade prosecution and punishment due to the lack of an effective international legal mechanism for their trial and disposal.
India’s Encounter with Maritime Piracy
- Geographical Vulnerability: India, with its vast coastline and significant maritime trade, has not been spared from the threat of piracy. The Indian Ocean, a crucial maritime route, has seen pirate activities near the Gulf of Aden, affecting vessels transiting through this strategic waterway.
- Hotspots: Gulf of Aden and Indian Ocean: The Gulf of Aden, situated between Yemen and Somalia, has emerged as a hotspot for piracy. Indian vessels, along with those from many other nations, have been targeted by pirates seeking ransom or engaging in cargo theft. The threat extends into the broader Indian Ocean, impacting trade routes crucial to India’s economic interests.
- Impact on Trade: India’s dependence on maritime trade makes it vulnerable to disruptions caused by piracy. The cost of piracy, including insurance premiums, security measures, and rerouting of vessels, imposes a burden on the country’s economy. Moreover, the risk of piracy influences decisions regarding shipping routes, affecting the efficiency of India’s trade networks.
- Naval Response: Recognizing the seriousness of the situation, the Indian Navy has actively participated in anti-piracy efforts. Operation Atalanta, India’s naval deployment in the Gulf of Aden, demonstrates the nation’s commitment to ensuring the safety of its vessels and those of other nations in the region. Multinational cooperation, including joint patrols and intelligence sharing, has been a cornerstone of India’s strategy to combat piracy.
Key Provisions of the India’s Anti-Maritime Piracy Bill
- Scope of Application: The Bill is designed to prevent maritime piracy and prosecute individuals for piracy-related crimes. It applies to all parts of the sea adjacent to and beyond the limits of the Exclusive Economic Zone of India, i.e., beyond 200 nautical miles from the coastline.
- Incorporation of International Law: The Bill brings the United Nations Convention on the Law of the Sea (UNCLOS) into Indian law.
- Definition of Piracy:
- Piracy is defined as any illegal act of violence, detention, or destruction committed for private purposes by the crew or passengers of a private ship or aircraft.
- Such acts may occur in the high seas or any place outside the jurisdiction of India. Inciting or intentionally facilitating such acts also qualifies as piracy.
- Penalties for Piracy:
- An act of piracy is punishable with imprisonment for life or death if the act causes or attempts to cause death.
- An attempt to commit, aid, support, or counsel an act of piracy is punishable with up to 14 years of imprisonment and a fine.
- Extradition of Offenders:
- Offences are considered extraditable, meaning that the accused can be transferred to any country for prosecution with which India has signed an extradition treaty.
- In the absence of such treaties, offences are extraditable on the basis of reciprocity between the countries.
- Jurisdiction of Courts:
- The central government may notify Sessions Courts as the Designated Courts under this Bill.
- These courts will try offences committed by a person in the custody of the Indian Navy or Coast Guard, an Indian citizen, a resident foreign national in India, or a stateless person.
- However, the Court will not have jurisdiction over offences committed on a foreign ship unless an intervention is requested by the country of origin of the ship, the ship-owner, or any other person on the ship.
- Warships and government-owned ships employed for non-commercial purposes are not under the jurisdiction of the Court.
Global Initiatives and Strategies to Counter Maritime Piracy
- United Nations Convention on the Law of the Sea (UNCLOS): UNCLOS provides the international legal framework for addressing piracy. It outlines the rights and responsibilities of states regarding the use of the seas and establishes the jurisdiction for prosecuting pirates. UNCLOS has been instrumental in shaping global responses to piracy and fostering cooperation among nations.
- Combined Maritime Forces (CMF): CMF is a multinational naval partnership that operates in the Indian Ocean region to counter piracy, terrorism, and other illegal activities. The Combined Task Force 151 (CTF-151) is specifically dedicated to anti-piracy efforts, conducting patrols and coordinating with regional navies to deter and disrupt pirate activities.
- European Union Naval Force Operation Atalanta: Launched by the European Union in 2008, Operation Atalanta is a naval mission committed to combating piracy off the coast of Somalia. It deploys naval assets, including warships and maritime patrol aircraft, to secure shipping lanes and deter pirate activities.
- Industry Best Practices and Guidelines: The shipping industry has actively contributed to anti-piracy efforts by adopting best practices and guidelines for vessel security. Measures such as the use of secure transit corridors, employing onboard security personnel, and enhancing communication and coordination among vessels have helped reduce the vulnerability of ships to pirate attacks.
- Regional Cooperation: Regional organizations and initiatives, such as the Indian Ocean Rim Association (IORA) and the Djibouti Code of Conduct, play a crucial role in fostering regional cooperation to address maritime security challenges. These initiatives contribute to a collective effort against piracy through information sharing, joint patrols, and capacity building among coastal states.
- Public-Private Partnerships: Collaboration between governments, private shipping companies, and non-governmental organizations (NGOs) has proven effective in countering piracy. Initiatives like the Maritime Security Centre – Horn of Africa (MSCHOA) provide a platform for information exchange and coordination between naval forces and the shipping industry.
Strategies to Prevent Maritime Piracy
- Maritime Security Training: Proper training for seafarers and the crew is crucial in raising awareness about piracy risks and ensuring they are equipped to handle potential attacks.
- Maritime Surveillance and Intelligence: Effective surveillance systems, such as the Automatic Identification System (AIS) and radar technologies, can enhance situational awareness, enabling prompt actions against pirates.
- Technology Solutions: Utilizing advanced technology solutions, such as alarms, CCTV cameras, and access control systems, can deter pirates and provide vital evidence for investigations.
- Rapid Response Capability: A ship with an armed helicopter is the most effective in dealing with the piracy situation. It can direct fire and guide the nearest ship that can render assistance.
- Marine Commandos: The Indian Navy has been practising Maritime Intervention Operations (MIO) for decades and has developed extremely high expertise in this niche area of naval operations.
- Collaborative Efforts: Cooperation among governments, international organizations, and naval forces is crucial for sharing intelligence, coordinating patrols, and conducting joint counter-piracy operations.
- Piracy Risk Assessment: Conducting thorough risk assessments allows ship owners to identify vulnerabilities, strengthen security measures, and develop contingency plans.
- Adoption of Best Practice: Adhering to industry best practices, such as the Best Management Practices (BMP) guidelines, and implementing effective security measures significantly reduces the risk of piracy incidents.
The issue of maritime piracy continues to be a complex and dynamic problem that requires a comprehensive response from the international community. India, with its vast maritime interests, is an active participant in global efforts to combat piracy through naval deployments, diplomatic endeavors, and collaboration with other nations impacted by piracy.
In conclusion, the fight against maritime piracy is a collective responsibility that requires international cooperation, robust legal frameworks, and effective security measures. As a significant player in maritime trade, India’s active role in these efforts not only protects its own interests but also contributes to the safety and security of international waters. The ongoing battle against maritime piracy underscores the importance of unity and collaboration in addressing global security challenges.
Source: Indian Express
Practice Question
Examine the challenges posed by maritime piracy to India’s security and economic interests. Discuss the measures taken by India and the international community to combat this threat. Also, suggest some innovative strategies to further enhance India’s response to maritime piracy. [250 words]