The Maritime Anti‑Piracy Act, 2022

In recent years, piracy has remained a significant threat to global maritime security. For a country like India, which relies heavily on sea routes for trade and energy supply, piracy poses a critical risk. In response to this, the Government of India passed the Maritime Anti‑Piracy Act, 2022. Enacted to bring India’s domestic legislation in line with international law, the Act focuses on the repression of piracy on the high seas. 

India’s ratification of the United Nations Convention on the Law of the Sea (UNCLOS) in 1995 laid the groundwork for this legislation. The Maritime Anti‑Piracy Act, 2022 strengthens India’s position in international maritime law, providing a robust framework for dealing with piracy.

The Act provides specific provisions related to piracy, its definition, jurisdiction, and penalties, and empowers relevant authorities to take swift action against pirate activities. This article explores the key provisions of the Maritime Anti‑Piracy Act, 2022, its applicability, and the significance it holds for India’s maritime security.

Background and Need for the Maritime Anti‑Piracy Act, 2022

India, like many nations, has been adversely affected by piracy, especially in crucial maritime regions like the Gulf of Aden and the Somali coast. Piracy incidents involving Indian merchant vessels have highlighted the vulnerability of Indian interests on the high seas. Over 90% of India’s trade by volume and more than 80% of its energy imports are transported by sea, making it highly dependent on safe and secure maritime routes.

Before the passing of the Maritime Anti‑Piracy Act, 2022, India faced challenges in addressing piracy effectively on the high seas due to the lack of a specific legal framework. 

While piracy was covered under the Indian Penal Code (IPC) and the Territorial Waters, Continental Shelf, Exclusive Economic Zone, and Other Maritime Zones Act, 1976, these laws did not specifically address piracy beyond territorial waters. The Maritime Anti‑Piracy Act, 2022 fills this gap by creating a clear, enforceable legal framework that allows Indian authorities to act decisively against piracy in international waters.

Applicability of the Maritime Anti‑Piracy Act, 2022

The Maritime Anti‑Piracy Act, 2022 extends its jurisdiction to the high seas, which includes the waters beyond the Exclusive Economic Zone (EEZ) of India, i.e., beyond 200 nautical miles from the coastline. This marks a significant step in empowering India’s authorities to take action against piracy in international waters.

Key aspects of its applicability include:

1. High Seas: The Act applies to all parts of the sea adjacent to and beyond India’s EEZ, covering a vast area that extends to over 200 nautical miles.
2. International Jurisdiction: The Act empowers Indian authorities to prosecute piracy offences committed on the high seas, irrespective of the nationality of the pirates or the flag of the vessel.
3. Exclusion of Warships: The Act exempts warships and government-owned ships employed for non-commercial purposes from its jurisdiction, as these ships fall under the jurisdiction of the flag State.

Key Definitions under the Maritime Anti‑Piracy Act, 2022

Understanding the key definitions under the Act is crucial to its enforcement. The Act offers clear and comprehensive definitions of piracy and related terms, which helps in the effective application of its provisions.

Piracy

Piracy is defined as any illegal act of violence, detention, or depredation committed for private purposes against a ship, aircraft, person, or property on the high seas. This includes:

• Acts of violence, kidnapping, or theft committed by individuals or the crew of a private ship or aircraft.
• Voluntary participation in the operation of a pirate ship or aircraft.
• Inciting or intentionally facilitating acts of piracy.
• Any act considered piratical under international law.

Pirate Ship

A pirate ship refers to a vessel used for committing piracy or intended to be used for that purpose. It includes any ship under the control of a person involved in piracy.

Ship

The Act defines a ship as any vessel or watercraft, including seaplanes and other aircraft capable of being used for transportation on water.

Designated Court

The Central Government, in consultation with the Chief Justice of the concerned High Court, may notify certain Sessions Courts as designated courts to handle piracy-related cases. These courts are specifically tasked with trying piracy offences.

Empowered Personnel and Enforcement Powers

The Act significantly expands the scope of authorities empowered to take action against piracy. It grants arrest and seizure powers to authorised personnel, which include:

1. Indian Navy Warships: Officers and sailors assigned to Indian Navy warships or military aircraft are empowered to board, arrest, and seize vessels suspected of piracy.
2. Indian Coast Guard: Similar powers are given to the Indian Coast Guard and its personnel on ships or aircraft.
3. Government Ships or Aircraft:  Ships or aircraft of the Indian government that are authorised for anti-piracy operations are also empowered under the Act.

Coastal police stations, which were previously limited in their jurisdiction, are now granted the authority to handle piracy cases, allowing for faster action in regions with high maritime traffic.

Offences and Penalties under the Maritime Anti‑Piracy Act, 2022

The Act outlines specific offences related to piracy and prescribes strict penalties to deter piracy. The penalties are designed to make the Act an effective deterrent.

1. Piracy Causing Death: If a person commits piracy resulting in death or attempts to do so, the punishment can extend to life imprisonment or even death.
2. Attempt or Aiding Piracy: Any attempt to commit piracy or any act of aiding, abetting, or conspiring to commit piracy is punishable with imprisonment of up to 10 years, along with a fine or both.
3. Organising or Directing Piracy: If a person participates in, organises, or directs others to commit piracy, the punishment can extend to 14 years of imprisonment, a fine, or both.
4. Presumption of Guilt: The Act introduces the presumption of guilt if certain evidence is found, such as the presence of weapons or explosives on the vessel, or if there is evidence of force or threat against the crew or passengers.

Jurisdiction and Trial of Offences

One of the key features of the Maritime Anti‑Piracy Act, 2022 is the creation of Designated Courts. These courts are responsible for trying piracy offences, and their jurisdiction is based on several factors:

1. Designated Courts: The Central Government, after consulting with the Chief Justice of the concerned High Court, designates certain Sessions Courts to handle piracy-related cases. The jurisdiction of these courts is determined by the port or place of disembarkation of the accused within India.
2. Extraterritorial Jurisdiction: The Act allows for the trial of offences committed by any person apprehended by Indian authorities, irrespective of their nationality. This is particularly important as piracy is often committed by individuals from different countries.
3. Exemptions: Warships and government-owned ships employed for non-commercial service are exempt from the jurisdiction of the designated court.

Extradition and International Cooperation

The Maritime Anti‑Piracy Act, 2022 provides for the extradition of pirates, which helps strengthen India’s international cooperation in combating piracy. India has agreements with several countries, including Somalia, to extradite pirates for prosecution. The Act makes piracy an extraditable offence under all existing bilateral or multilateral extradition treaties India has signed.

Significance of the Maritime Anti‑Piracy Act, 2022

The Maritime Anti‑Piracy Act, 2022 marks a pivotal moment in India’s maritime security policy. By creating a comprehensive legal framework for the repression of piracy on the high seas, the Act provides several important benefits:

1. Enhanced Maritime Security: The Act directly contributes to securing India’s maritime routes. Over 90% of India’s trade and a significant portion of its energy imports depend on maritime transport, and ensuring the safety of these routes is critical for national security.
2. Operational Efficiency: With empowered personnel, including the Indian Navy, Coast Guard, and coastal police stations, India now has a unified, decentralised approach to piracy prevention. This ensures faster responses to piracy incidents.
3. International Obligations: By aligning with UNCLOS, the Act strengthens India’s position in global maritime law and ensures the country meets its international obligations to combat piracy.
4. Deterrence: The strict penalties outlined in the Act, including life imprisonment and death for piracy causing death, serve as a strong deterrent to potential pirates operating in international waters.

Conclusion

The Maritime Anti‑Piracy Act, 2022 is a landmark piece of legislation that addresses one of the most pressing challenges facing India’s maritime security. With its clear definitions, empowered authorities, and stringent penalties, the Act provides a robust framework to combat piracy on the high seas. 

By empowering the Navy, Coast Guard, and coastal police stations, the Act ensures that India is well-equipped to deal with modern piracy threats. Moreover, its alignment with international law, particularly UNCLOS, helps position India as a responsible maritime power committed to global security. In a world where piracy continues to threaten global trade, India’s commitment to addressing the issue through this Act is a significant step forward.