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Maritime Anti-piracy Act 2022 UPSC NOTE

 Maritime Anti-Piracy Act 2022 - Key Features

  • The Maritime Anti-Piracy Act, enacted in 2023 (though legislated in 2022), strengthens India's ability to combat piracy at sea

Here are its key features:

  • Enforcing UNCLOS: The Act incorporates relevant provisions from the United Nations Convention on the Law of the Sea (UNCLOS) into Indian law.

  • This allows India to take action against piracy on the high seas (beyond the Exclusive Economic Zone or EEZ, which extends 200 nautical miles from the coast).

  • Jurisdiction: The Act applies to Indian flagged vessels anywhere in the world, and to any act of piracy occurring in Indian territorial waters (within 12 nautical miles of the coast) or the EEZ.

  • Defining Piracy: The Act outlines various acts constituting piracy, including violent robbery, boarding a vessel with unlawful intent, and taking a vessel by force.

  • Penalties: The Act prescribes strict penalties for piracy. Offenses can lead to:

Life imprisonment

  • Death penalty (if piracy involves attempted murder or causes death)

  • Up to 14 years imprisonment for participating in piracy

  • International Cooperation: The Act facilitates cooperation with other countries in investigating and prosecuting piracy offenses.

Points of Debate:

  • Death Penalty: The inclusion of the death penalty for certain piracy offenses has been a point of contention, with some arguing it's a violation of human rights.

  • Clarity on Imprisonment: The Act prescribes different sentences for committing piracy vs. participating in piracy, creating a potential ambiguity in sentencing.

  • Overall, the Maritime Anti-Piracy Act strengthens India's legal framework to deter and prosecute piracy, promoting safer seas for commerce and navigation.

Definition of Piracy as per the act

  • The Act incorporates the definition of piracy from the United Nations Convention on the Law of the Sea (UNCLOS). 

  • UNCLOS defines piracy as any of the following acts committed for private ends and outside the jurisdiction of any State:

  • Illegal acts of violence or detention, or any act of depredation, against another ship or aircraft or against persons or property on board such ship or aircraft.

  • Voluntary participation in the operation of a ship or aircraft with knowledge of facts making it a pirate ship or aircraft.



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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Maritime Anti-piracy Act 2022 UPSC NOTE
Maritime Anti-piracy Act 2022 UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
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