In News:The Indian Antarctic Bill, 2022 was cleared by the Lok Sabha in the ongoing monsoon session.
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.
Key Features of the Bill
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.
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.
The functions of the Committee include:
granting permits for various activities,
implementing and ensuring compliance of relevant international laws for protection of Antarctic environment,
obtaining and reviewing relevant information provided by parties to the Treaty, Convention, and Protocol, and
negotiating fees/charges with other parties for activities in Antarctica.
Need for permit: permit will be required for various activities such as:
an Indian expedition to enter or remain in Antarctica,
a person to enter or remain in an Indian station in Antarctica,
a vessel or aircraft registered in India to enter or remain in Antarctica,
a person or vessel to drill, dredge or excavate for mineral resources, or collect samples of mineral resources,
activities which may harm native species, and
waste disposal by a person, vessel or aircraft in Antarctica.
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:
nuclear explosion or disposal of radioactive wastes,
introduction of non-sterile soil, and
discharge of garbage, plastic or other substance into the sea which is harmful to the marine environment.
Offences and penalties: The Bill specifies penalties for contravention of its provisions.
Other important provisions
It also directs creating a fund called the Antarctic fund that will be used for protecting the Antarctic environment.
The Bill also extends the jurisdiction of Indian courts to Antarctica and lays out penal provision for crimes on the continent by Indian citizens, foreign citizens who are a part of Indian expeditions, or are in the precincts of Indian research stations.
Antarctic Treaty
The Antarctic treaty remains the only example of a single treaty that governs a whole continent.
The Antarctic Treaty was signed between 12 countries in Washington on 1st December 1959 for making the Antarctic Continent a demilitarized zone to be preserved for scientific research only.
The twelve original signatories are Argentina, Australia, Belgium, Chile, France, Japan, New Zealand, Norway, South Africa, the Union of Soviet Socialist Republics, the UK and the US.
It entered into force in 1961 and has since been acceded by many other nations.
Currently it has 54 parties. India became a member of this treaty in 1983.
Its objectives are simple yet unique in international relations. They are:
to demilitarize Antarctica, to establish it as a zone free of nuclear tests and the disposal of radioactive waste, and to ensure that it is used for peaceful purposes only;
to promote international scientific cooperation in Antarctica;
to set aside disputes over territorial sovereignty.
The Treaty parties meet each year at the Antarctic Treaty Consultative Meeting.
They have adopted over 300 recommendations and negotiated separate international agreements, of which three are still in use.
These, together with the original Treaty provide the rules which govern activities in Antarctica.
Collectively they are known as the Antarctic Treaty System (ATS).
The three international agreements are:
Convention for the Conservation of Antarctic Seals (1972)
Convention on the Conservation of Antarctic Marine Living Resources (1980)
Protocol on Environmental Protection to the Antarctic Treaty (1991).