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The Indian Antarctica Bill, 2022

  • Posted By
    10Pointer
  • Categories
    Polity & Governance
  • Published
    2nd Apr, 2022
  • Context

    The Indian Antarctic Bill, 2022 has got introduced in the Lok Sabha with the objective to regulate and check any unlawful activity in the Indian research region of the Antarctic zone.

    • India being a signatory of the Antarctica treaty, this bill will aim to give effect to the treaty.
  • Background

    • The southernmost continent is currently governed by the 1959 Antarctic Treaty that seeks to keep the area beyond 60 degrees south latitude free from military activities and territorial disputes, while keeping it open for peaceful scientific research and international cooperation.
    • There is also a freeze on all mining activities till 2047.
    • Currently 54 nations are party to the Antarctic Treaty, of which 27 have some kind of domestic laws on Antarctica.
      • India is one of the 29 nations that have a right to vote at the Antarctic Treaty Consultative Meetings.

    Australia, Belgium, Brazil, China, France, Germany, Japan, the UK and the US are among the other countries with the right to vote.

    • There are some 40 research stations spread across the continent, throughout the year

    Important treaties

    •  As a follow up to the treaty, countries signed the ‘Convention on the Conservation of Antarctic Marine Living Resources’ at Canberra in 1980 to protect and preserve the Antarctic environment generally and marine living resources specifically.
    • They also signed the ‘Protocol on Environmental Protection’ to the Antarctic Treaty in 1991, which designates Antarctica as a “natural reserve, devoted to peace and science”.
      • It requires each party to take appropriate measures within its competence, including the adoption of laws and regulations, administrative actions and enforcement measures, to ensure compliance with the protocol.

     

  • Analysis

    Key-highlights of the Bill

    • The proposed law will aim to provide a harmonious policy framework for India’s Antarctic activities through a well-established legal mechanism.
    • This law will enable India’s courts to deal with disputes or crimes committed in parts of Antarctica and help build credibility vis-à-vis India’s participation.
    • It will facilitate activities of the Indian Antarctic programme, including management of Antarctic tourism and sustainable development of
    • The proposed legislation will bind Indian citizens to the policies of the Antarctic Treaty.
    • In addition to the Antarctic Treaty, the bill also aims to give effect to
      • the Convention on the Conservation of Antarctic Marine Living Resources
      • the Protocol on Environmental Protection to the Antarctic Treaty
    • Committee for governance: The bill has proposed the creation of a committee on Antarctic Governance and Environmental Protection (CAG-EP) under the earth sciences ministry, the apex decision making body to facilitate activities permitted under the proposed legislation.

    The Continent

    • Antarctica has the land and ice shelves in location south of 60°S latitude. It has no indigenous population living there and no vegetation.
      • Recently, an enormous iceberg 'A-76'has calved from the western side of the Ronne Ice Shelf, lying in the Weddell Sea, in Antarctica.
      • It is an island continent in southern ocean.
    • What is the need of such bill?

      What is the need of such bill?

      • The continuing and growing presence of Indian scientists in Antarctica warrants a domestic legislation on Antarctica that is consistent with its obligations as a member of the Antarctic Treaty.
      • This is also in sync with the emergence of India as a global leader on important international fronts.
      • The bill (if approved) meets one of our long pending international obligations.
    • India’s initiatives for the research and development in the Region

      India’s initiatives for the research and development in the Region

      • India maintains two research stations on the continent:
        • Maitri’ commissioned in 1989 at Schirmacher Hills and ‘Bharati’ in 2012 at Larsemann Hills.
        • It has also launched 41 scientific expeditions every year thus far.
      • It is a scientific research and exploration programunder the National Centre for Antarctic and Ocean Research (NCPOR).
        • It started in 1981 when the first Indian expedition to Antarctica was made.
      • Dakshin Gangotri:
        • Dakshin Gangotri was the first Indian scientific research base station established in Antarctica, as a part of the Indian Antarctic Program.
        • It has weakened and become just a supply base.
      • Sagar Nidhi:
        • In 2008, India commissioned the Sagar Nidhi, for research.
        • An ice-class vessel, it can cut through the thin ice of 40 cm depth and is the first Indian vessel to navigate Antarctic waters.

      These stations are operated under the National Centre for Polar and Ocean Research (NCPOR), Union Ministry of Earth Sciences.

      About NCOPR

      • National Centre for Polar and Ocean Research (NCPOR) is India’s premier R&D institution responsible for the country’s research activities in the polar and Southern Ocean realms.
      • It manages the:
        • Indian Antarctic Research Bases “Maitri” and “Bharati”
        • Indian Arctic base “Himadri”.
          • India’s first research station located at the International Arctic Research base, Svalbard, Norway. 
          • It is located at a distance of 1,200 kilometres from the North Pole.
          • It was established in 2008
    • Significance of the Bill and way forward

       Significance of the Bill and way forward

      • Help in dispute resolution: the bill will provide a legal provision and mandate for India to scrutinize the regions security and disputes with other signatory countries on crime, violation of treaty and peaceful cooperation.
      • Legal mechanism for punishment: Punishment regarding the violation and any other issue can be brought to the courts in India for legal actions against the convict.
      • Help in environmental protection and research in the region: the marine ecosystem which exists in the region is fragile and exposed to the effects of climate change. Hence it is necessary for India as a member of treaty to protect the environment, to make several constitutional provisions for safety in the region.
      • Home to endangered species- policing the area for saving the endangered species such as polar bear and several marine species is important as they are indicators of the health of the region’s environment.
      • Research and development: the climate change has drawn world’s attention towards the ice melt and ocean water level rising phenomenon which has major field of research for India as :
        • The Antarctic lies in the south of Indian Ocean and hence affects the sea level   of Indian Ocean and the associated marine ecosystem.
      • The Bill would not only fulfil India’s international commitments, but will also facilitate the country’s interest and pro-active involvement in the management of growing Antarctic tourism and sustainable development of fisheries resources in Antarctic waters.

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