Almost 40 years after India officially embarked on its first Antarctic expedition, the country has kicked off the process to draft a law to regulate activities in and around its research stations on the far-off continent.
The bill introduced in the Lower House of Parliament on Thursday proposed to prohibit any Indian expedition to Antarctica or carrying certain activities without a permit or any written authorisation of another party to the Madrid Protocol (global agreement) on environmental protection.
It is one of the first-such legislations that India has drafted exclusively for the continent which remains a no-man’s land. The continent is only governed through an international partnership – the 1961 Antarctic Treaty signed by 58 countries, and the subsequent convention on Conservation of Antarctic Marine Living Resources in 1983, and the 1998 Madrid Protocol on environmental protection. India is signatory to all three.
While no single country can stake claim on the continent, several countries that have set up their permanent research base, have laid down laws over the years to effectively enforce the treaty, check violations, and issue permits for expeditions, or activities. These laws generally apply only to their own citizens visiting the continent.
Even though India is a key stakeholder with two active research stations in Antarctica, Maitri and Bharati, it neither has any laws governing them, nor teeth for checking violations, or issuing permits, except for undertaking its own scientific expeditions. The Indian Antarctic Bill 2022, if passed by Parliament, could give India that authority.
Key Antarctic Stakeholder
Introducing the bill in Parliament on Thursday, Dr Jitendra Singh, Minister of State for the Ministry of Science and Technology, said the bill honours the Antarctic Treaty which mandates all 54 member countries to have some kind of provision to prevent any unlawful activity in the area around their research stations.
“India cannot keep itself aloof when every other country, including China, has enforced its law on the continent,” he said, while asserting that the draft law has consensus of all member countries. “The continuing and growing presence of Indian scientists warrants a domestic legislation in Antarctica that is consistent with its obligations as a member of the Antarctic Treaty.”
The move is also likely to have bearing on the geo-politics in near future. It is also being seen in the light of the concerns over expanding human presence on the continent and promotion of commercial activities by countries, that threatens its pristine environment.
Every year, several thousands of tourists and adventurers travel to the frigid continent which is already reeling under massive impact of global warming.
“India, too, organises regular Antarctic expeditions and many tourists from India visit the continent, and in the future, private ship and aviation industry will also start operations to promote tourism and fishing in Antarctica,” Singh told Parliament.
There is no restriction on tourism in Antarctica, provided it adheres to the protocol, and does not cause any adverse impact on the environment. However, anyone intending to travel requires a permit from any of the member countries.
What does the bill say?
The bill proposes to set up a Committee on Antarctic Governance and Environmental Protection to be led by Secretary, Ministry of Earth Sciences. It will monitor, implement and ensure compliance of the relevant international laws, emission standards and rules for the protection of Antarctic environment by anyone engaged in programmes and activities in Antarctica.
The Committee will have at least 10 members on board, along with two experts, one each on Antarctic environment and geo-politics. Apart from issuance of permits, it will also have the mandate to send out inspection teams to the continent, take action in case of contravention of certain provisions of the Bill, designate courts and their jurisdiction and provide penalty for any violation. It also seeks to constitute a special fund called the Antarctic Fund for research and protection of Antarctic environment.
Long Overdue
The world’s coldest region with the largest ice-sheet cover currently has more than 90 active research stations from over 54 countries with at least a thousand researchers at any time of the year, which goes up to 4,000 during summers. Two of those stations belong to India – Maitri and Bharati.
The country sends at least a hundred people to the white continent every year, half of them are scientists, while the other half consists of doctors, engineers, logistic and support personnel. The team is reduced to 50 during winters, with 25 personnel on each station.
“It (the Bill) was long overdue. But finally, we have taken the first step, and a very significant one,” said Mirza Javed Beg, Director, National Centre for Polar and Ocean Research, Goa, that coordinates and manages India’s scientific research in Antarctica.
Beg has organised 15 Indian expeditions to Antarctica, including the maiden Indian expedition to the South Pole in 2010. Indian expeditions have so far been peaceful, he says, and there has never been a major indiscipline or act where environmental norms have been violated.
But what if an unlawful activity takes place in the areas occupied by Indian research stations?
“At present, we do not have much power to act on any violation there. There are no checks and balances. All we can do is advise people, that they need to follow the protocol. Unlike any other environmental norms in India, there is no legal framework for prosecution or penalty. This bill could give authority to implement the protocols and the code of conduct more effectively,” he told News18.com.
The proposed law will also be significant in matters of individual conflicts/disputes at the research stations, or contemplating any disciplinary action, that will now be under the purview of the proposed law. The challenge, however, is that there are no set geographical boundaries even around the research stations to enforce jurisdiction.
But as the policy makers say, it is just the first step, and the legal framework is basic, which will evolve in due course of time.
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