The Bill passed by Parliament has been under discussion in the government for over five years at least. It provides a detailed legal framework for India’s Antarctic activities that is consistent with its international treaty obligations.
- Objective: 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:
- the continent of Antarctica, including its ice-shelves, and all areas of the continental shelf adjacent to it, and
- 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. 10 members, not below the rank of joint secretary, will be nominated from various Ministries and organisations.
- Need for permit: A permit by the Committee will be required for various activities. Before a permit is granted by the Committee, the applicant has to carry out an environmental impact assessment of the proposed activities. Moreover, a permit must not be granted unless a waste management plan has been prepared for the expedition by the Committee.
- Prohibited activities: The Bill prohibits certain activities in Antarctica including: (i) nuclear explosion or disposal of radioactive wastes, (ii) introduction of non-sterile soil, and (iii) discharge of garbage, plastic or other substance into the sea which is harmful to the marine environment.
- Offences and penalties: Drilling for mineral resources or introducing non-native animals or plants in Antarctica without a permit will be punishable with imprisonment up to seven years and a fine between Rs 10 lakh and Rs 50 lakh. conducting a nuclear explosion in Antarctica will be punishable with an imprisonment of 20 years and Rs 50 Crore fine.
- The central government may notify one or more Sessions Courts to be the Designated Court under the Bill and specify its territorial jurisdiction to try offences punishable under the Bill.