Relevance: GS-3: Conservation, environmental pollution and degradation, environmental impact assessment
Relevance: GS-2: Important International institutions, agencies and fora
Key Phrases: ‘Antarctica Bill’, ‘Maitri’, ‘Bharati’, ‘Himadri’, Convention on the Conservation of Antarctic Marine Living Resources, Commission for Conservation of Antarctic Marine Living Resources, Antarctic Treaty
Why in News?
- Recently, the government introduced the ‘Antarctica Bill’ in the Lok Sabha that envisages regulating visits and activities to Antarctica as well potential disputes that may arise among those present on the continent.
- The Bill also prescribes penal provisions for certain serious violations.
Background of India in Antarctica:
- India maintains two research stations on the continent: ‘Maitri’ (commissioned in 1989) at Schirmacher Hills and ‘Bharati’ (2012) at Larsemann Hills.
- It has also launched 41 scientific expeditions every year thus far.
- Together with the ‘Himadri’ station in Svalbard, above the Arctic circle, India is among an elite group of countries with multiple research in the polar regions.
Salient Features of the Antarctica Bill:
- Bill prohibits Indian expedition to Antarctica or carrying out certain activities in Antarctica without a permit or the written authorisation of another party to the Protocol.
- Bill provides for inspection in India by an officer designated by the Central government as an Inspector and to constitute an inspection team to carry out inspections in Antarctica.
- Bill also provides for the constitution of the fund to be called the Antarctic fund which shall be applied towards the welfare of Antarctic research work and protection of the Antarctic environment.
- Bill also provides for designated courts and their jurisdiction in cases relevant to Antarctica. .
About Antarctic Treaty:
- The Antarctic Treaty was signed in 1959 by the 12 countries.
- The Antarctic Treaty came into force in 1961.The total number of Parties to the Treaty is now 54.
- The Treaty covers the area south of 60°S latitude.
- Treaty objectives are:
- To demilitarize Antarctica
- To establish it as a zone free of nuclear tests and the disposal of radioactive waste
- To ensure that it is used for peaceful purposes only to promote international scientific cooperation in Antarctica
- Set aside disputes over territorial sovereignty
Why Needed:
- Government said in Parliament that India had been a signatory to the Antarctica Treaty since 1983 and that encumbered India to specify a set of laws governing portions of the continent where it had its research bases.
- Although 'Antarctica is a no man’s land' but It isn’t that India is making a law for a territory that doesn’t belong to it, the question is if in the territory involving India’s research stations, some unlawful activity happens, how to check it?
- The Antarctic Treaty made it mandatory for the 54 signatory countries to specify laws governing territories on which their stations are located. Currently, China has five, Russia has five, India has two.
- India is also signatory to other treaties:
- Convention on the Conservation of Antarctic Marine Living Resources
- Commission for Conservation of Antarctic Marine Living Resources
- Thus, a domestic law will help to preserve the pristine nature of the continent.
- Globally, there is growing concern over preserving the pristine
Antarctic environment and ocean around Antarctica from exploitation of
marine living resources and human presence in Antarctica.
- India organises regular Antarctic expeditions and many persons from India visit Antarctica every year as tourists.
- In the future, the private ship and aviation industry will also start operations and promote tourism and fishing in Antarctica, which needs to be regulated.
- The continuing and growing presence of Indian scientists in Antarctica warrants a domestic legislation on Antarctica 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.
- Secretary, Ministry of Earth Sciences told:
- India is obliged to have such under obligations but it would also clearly establish that any illegal act or “crime” in Indian territory at Antarctica would mean that a person - even if they were a foreigner - would be subject to Indian laws.
- This law also specifies that if there was an accident, or say an oil spill, to happen due to a ship in Antarctic territory, how accountability could be fixed. Currently there’s no system.
Conclusion:
- Opposition demanded that the Bill should be passed to a Select or Standing Committee of Parliament for a deeper analysis. Government should give green signal to their demand.
- There is a need for a domestic law since the growing presence of Indian scientists in Antarctica and the commitment to Antarctic research and protection prompted the government to be consistent with its obligations as a member of the Antarctic Treaty system.
Source: The Hindu
Mains Question:
Q. There is a need for a domestic law on Antarctica to preserve the pristine Antarctic environment from exploitation of marine living resources and human presence. In this context, discuss the prospects and pitfalls of the Antarctica Bill recently introduced in the Parliament. ( 15 marks).
