Title: Discussion on the suppression of unlawful acts against safety of Maritime Navigation and Fixed Platforms on Continental Shelf Bill, 2002. (Bill passed)
THE MINISTER OF SHIPPING (SHRI VED PRAKASH GOYAL): I beg to move:
“That the Bill to give effect to the International Maritime Organisation Convention for Suppression of Unlawful Acts Against the Safety of Maritime Navigation and the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf and for matters connected therewith, as passed by Rajya Sabha, be taken into consideration. ”
I will make a few points for your consideration. The proposed legislation is based on the International Maritime Organisation (IMO) 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 Convention and the Protocol were adopted in the backdrop of deep concern of the international community after the world wide escalation of terrorism in all forms, which endanger people at large and it often takes a heavy toll of human lives even in large groups. A lot of property is also lost and the society gets divided. It was considered that the unlawful acts also jeopardise the safety of life and property at sea, affect the maritime services adversely, and undermine the public confidence in the safety of maritime navigation.
If States of the world are adequately equipped with legislative power to deal with such situations, definitely, the cause of global peace and security would be strengthened. The proposed enactment therefore, has been considered necessary so as to enable the Government to implement the provisions of the said Convention and Protocol. Also, in the changed scenario of marine safety at the global level, it is essential to have a legislation so as to ensure safer navigation in the whole of India including the limit of the territorial waters that is 12 nautical miles from the nearest economic zone that is 200 nautical miles from the nearest point of appropriate base line or any other maritime zone of India within the meaning of Section 2 of the Territorial Waters, — I am not going into the technical details — Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976.
The unlawful acts or offences punishable under the proposed Act have been dealt with in Chapter II, Section 3 of the draft Bill. To illustrate, some of the unlawful acts referred to in the Section are: acts of violence against a person on board a fixed platform or a ship, destruction of or damaging a fixed platform or a ship, seizure of a ship or a fixed platform, placing a device or a substance which is likely to destroy a fixed platform or a ship, — the fixed platforms become very important now because of our oil exploration activity — destroying or damaging maritime navigational facilities or communicating false information etc.
As of now there is no law to address these unlawful acts. The Bill is divided into three Chapters and 14 Sections. I shall briefly touch on the Sections. In fact, I will not read them. I would only say them in one line which has been given in the contents. Sections 1 and 2 are the Title and the Definition. Section 3 talks of the offences against persons, ships, fixed platforms, cargo of a ship, and navigational facilities to which legislation shall be applicable and it indicates penalties thereto.
So, penalties also have been indicated. Section 4 empowers the Central Government to confer powers of investigation. The next Section empowers the respective State Governments to specify, in consultation with the Chief Justice of their High Court, a Court of Session to be designated which should be headed by the designated courts. The next Section specifies the offences – you cannot generalise them; you have to specify them – that can be tried by the designated courts. The next Section provides that the provision of the Code of Criminal Procedure 1973 shall apply to the proceedings of a designated court. The next Section contains provisions for bail while Section 9 has the provision for extradition. Nowadays for culprits around the world, extradition has assumed very great importance. The Section empowers the Central Government to notify to the contracting parties the convention. The next Section confers to the Central Government powers to create certain ships to be registered in conventional States. The next Section says now the previous sanction of the Central Government would be necessary for prosecution under this Act. Without the sanction of the Central Government, you cannot prosecute anybody. The next Section provides presumptions as to offences while Section 14 provides protection for action taken in good time.
At the end, I would like to say that with the enactment of the proposed legislation, India will not only be at par with many advanced maritime countries but also will enjoy a pre-eminent position. Also, the Government machinery will be better equipped to deal with the unlawful acts against the safety of maritime navigation and ensure speedy and efficient trial of such cases. The need is increasing and therefore the law is very essential.
With these words, I commend the Bill for the consideration of the House.
MR. CHAIRMAN : Motion moved:
“That the Bill to give effect to the International Maritime Organisation Convention for Suppression of Unlawful Acts against the Safety of Maritime Navigation and the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf and for matters connected therewith, as passed by Rajya Sabha, be taken into consideration.”
कुंवर अखिलेश सिंह (महाराजगंज, उ.प्र.) : सभापति महोदय, श्री देवेन्द्र प्रसाद यादव जी के साथ जो घटना घटित हुई है, उसके संबंध में माननीय गृह मंत्री जी ने वक्तव्य देना था। हमारा आपसे आग्रह है कि हमें यह बताया जाये कि गृह मंत्री जी का वक्तव्य किस वक्त होगा क्योंकि सदन समाप्त होने में सिर्फ आधा घंटा बचा है। …( व्यवधान)
MR. CHAIRMAN: I will convey your feelings to the hon. Speaker.
कुंवर अखिलेश सिंह: सभापति जी, मेरा आपसे विनम्रतापूर्वक आग्रह है कि यहां गृह राज्य मंत्री जी बैठे हुए हैं। वे ही हमें बता दें कि माननीय गृह मंत्री जी कितने बजे अपना वक्तव्य देंगे। …( व्यवधान)आप हमें समय बता दीजिए। …( व्यवधान)
गृह मंत्रालय में राज्य मंत्री (श्री सीएच. विद्यासागर राव) : बिल पास होने के बाद माननीय मंत्री जी आकर वक्तव्य देंगे। …( व्यवधान)
सभापति महोदय : अखिलेश सिंह जी, जिस विधेयक पर हम चर्चा कर रहे हैं, इसके पास होने के तत्काल बाद मंत्री जी आकर अपना वक्तव्य देंगे। आपने जो कुछ कहा है,
…( व्यवधान)
: सभापति महोदय, चेयर से निर्देश दिया गया था। …( व्यवधान)सदन उठने से पहले गृह मंत्री जी वक्तव्य दें। …( व्यवधान)
सभापति महोदय : मेरी बात पूरी होने दीजिए।