Mission Antarctica: India proposes law to regulate activities in No Man’s Land

Nearly 40 years after India officially launched its first Antarctic expedition, the country has begun the process of drafting a law to regulate activities in and around its research stations on the distant continent.

The bill, introduced in the lower house of parliament on Thursday, proposes to prohibit any Indian expedition to Antarctica or certain activities without a permit or written authorization from any other party to the Madrid Protocol (Global Agreement) on Environment Protection.

It is one of the first laws that India has drafted specifically for the continent which remains a non-male land. The continent is governed only through one international partnership – the Antarctic Treaty signed by 58 countries in 1961, and the subsequent Convention on the Protection of Antarctic Marine Life Resources in 1983, and the 1998 Madrid Protocol on Environmental Protection. India is a signatory to all three.

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While no country can lay claim to the continent, several countries have established their own permanent research base, which has over the years worked to effectively enforce treaties, investigate violations, and issue permits for expeditions or activities. have created. These laws generally only apply to its own citizens visiting the continent.

Even though India is a major stakeholder with two active research centers in Antarctica, Maitri and Bharati, it has neither a law that governs them, nor to investigate violations or issue permits, of its own. except for scientific expeditions. The Indian Antarctic Bill 2022, if passed by the Parliament, could give that authority to India.

Major Antarctic Stakeholders

Introducing the bill in Parliament on Thursday, Dr Jitendra Singh, Minister of State for the Ministry of Science and Technology said that the bill respects the Antarctic Treaty which mandates all 54 member states to make any provision to prevent any illegal activity in the region. mandates. around their research stations.

“When every other country, including China, has implemented its own law on the continent, India cannot set itself apart,” he said, adding that the draft law has the consent of all member states. “The continued and growing presence of Indian scientists guarantees a domestic law in Antarctica that is consistent with its obligations as a member of the Antarctic Treaty.”

The move is also likely to have an impact on geopolitics in the near future. It is also viewed in light of concerns about the expansion of human presence on the continent and countries promoting commercial activities, threatening its pristine environment.

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Every year, thousands of tourists and adventurers visit this cold continent that is already reeling from the widespread effects of global warming.

Singh told Parliament, “India also organizes regular Antarctic expeditions and many tourists from India visit the continent, and in future, private shipping and aviation industries will also start operations to promote tourism and fishing in Antarctica.” do.”

There are no restrictions on tourism in Antarctica provided it follows the protocol and does not cause any adverse impact on the environment. However, anyone wishing to travel needs a permit from any member country.

What does the bill say?

The bill proposes to set up a committee on Antarctic Governance and Environment Protection under the chairmanship of the Secretary, Ministry of Earth Sciences. It will monitor, implement and ensure compliance with relevant international laws, emission standards and regulations for the protection of the Antarctic environment by anyone engaged in programs and activities in Antarctica.

The committee will have at least 10 members along with two experts on Antarctic environment and geopolitics. In addition to issuing permits, it will also have the authority to send inspection teams to the continent, take action in case of violation of certain provisions of the Bill, designate courts and their jurisdiction and provide punishment for any violation. It seeks to set up a special fund called the Antarctic Fund for research and conservation of the Antarctic environment.

long overdue

The world’s coldest region with the largest ice sheet cover currently has more than 90 active research centers in more than 54 countries, with at least a thousand researchers at any time of the year, up to 4,000 during the summer. He goes away. Two of these stations are from India – Maitri and Bharti.

The country sends at least a hundred people to the White Continent every year, half of them scientists, while the other half include doctors, engineers, logistics and support personnel. With 25 personnel at each station, the team is reduced to 50 during the winter.

“It (the bill) was pending for a long time. But in the end, we have taken the first step, and a very important one,” said Mirza Javed Baig, director, National Center for Polar and Ocean Research, Goa, which coordinates and manages India’s scientific research in Antarctica.

Baig has conducted 15 Indian expeditions to Antarctica, including the first Indian expedition to the South Pole in 2010. He says that Indian operations so far have been peaceful, and there has never been any major discipline or act where environmental norms have been violated.

But what if an illegal activity takes place in the areas occupied by Indian research centers?

“At present, we do not have much power to act on any violation there. There are no checks and balances. We can only advise people that they need to follow the protocol. Unlike any other environmental norms in India, there is no legal framework for prosecution or punishment. This bill may empower the protocol and code of conduct to be implemented more effectively,” he told News18.com.

The proposed law would also be important in cases involving personal conflicts/disputes at research stations or contemplating any disciplinary action, which would now be within the ambit of the proposed law. However, the challenge is that there are no geographical boundaries even around the research stations to enforce the jurisdiction.

But as policymakers say, this is only the first step, and the legal framework is basic, which will evolve over time.

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