PARLIAMENT NOD ON MARITIME SAFETY AND MERCHANT
SHIPPING BILLS
Both the Houses of
Parliament passed the two crucial and long awaited Bills relating
to safety of maritime navigation and the merchant shipping. These
bills are the Suppression of Unlawful Acts against Safety of Maritime
Navigation and Fixed Platforms (in Continental Shelf of India),
Bill, 2002 and the Merchant Shipping(Amendment) Bill, 2002.
The first legislation
is based on International Maritime Organisation Convention on
Suppression of Unlawful Acts Against Safety of Maritime Navigation,
1988 and International Maritime Organisation Protocol for the
Suppression of Unlawful Acts against Safety of Fixed Platforms
located on the Continental Shelf, 1988, which are further based
on the charter of the United Nations, concerning the maintenance
of international peace and security and the promotion of friendly
relations and cooperation among states.
The International
Convention and the Protocol were adopted in the backdrop of deep
concern of the international community after the worldwide escalation
of terrorism in all forms, which endanger people at large and
many times take a heavy toll of human lives. It was considered
that the unlawful acts also jeopardize the safety of life and
property at sea, affect the maritime services adversely, and undermine
the public confidence in the safety of maritime navigation. With
this bill the navigation upon territorial waters of 12 nautical
miles and upon exclusive economic zones within 200 nautical miles
would be much safer. Any unlawful act/offence in the said bill
has been made punishable.
The amendment to
the Merchant Shipping (Amendment) Bill, 2002 has been primarily
designed to implement the provisions of IMO Conventions/Protocols
to which India has been a party in the recent past, a consequential
amendment to Section 116 of Major Port Trusts Act, 1908 to bring
it at par with the provisions of Merchant Shipping Act, and to
amend the operational requirements. The international conventions
are related to various issues such as, harmonized survey and certification
of ships, maritime claims and damages, coastal and marine environment,
seafarers’ employment and the safety of life at sea.
The Merchant Shipping
(Amendment) Bill, 2002 enables India for not only meeting her
international commitments arising out of various IMO conventions
and protocols, but makes the country at par with the systems and
requirements of other advanced maritime nations.
