Introduction
There is a rising concern over preserving the Antarctic environment and ocean around Antarctica from exploitation of marine living resources and human presence in Antarctica. Private aviation and ship operations have promoted tourism and fishing in Antarctica, which needs to be regulated. In this regard, certain treaties have been formulated at the international level. To give effect to the Antarctic Treaty (1959), the Convention on the Conservation of Antarctic Marine Living Resources (1980), and the Protocol on Environmental Protection to the Antarctic Treaty (1991), the Government of India (GoI) enacted the Indian Antarctic Act, 2022. This act provides certain measures that need to be taken for protecting the Antarctic environment and associated ecosystems.
Twenty-seven nations already have domestic legislation on Antarctica, including Argentina, Australia, Belarus, Belgium, Canada, Chile, Colombia, Finland, France, Germany, Italy, the Netherlands, New Zealand, Norway, Peru, the Russian Federation, South Africa, Spain, Sweden, Turkey, Ukraine, United Kingdom, United States of America, Uruguay, and Venezuela.
Need for the Act
This legislation was also necessary due to expanding presence of Indian scientists on the continent. The 1959 Treaty also obliged India to specify a set of laws governing portions of the continent where it had its research bases.
For the past 40 years, India has sent various expeditions to Antarctica, which however, were subject to restrictions imposed by international law. India has three stations in the region.
Dakshin Gangotri Around 2,500 kilometres from the South Pole, India’s first scientific base station in Antarctica, Dakshin Gangotri was built in 1983–84. It was built during India’s third voyage to the ice-covered, southernmost continent and is named after the Gangotri glacier. For the first time, an Indian team spent a winter in Antarctica for research work. On January 26, 1984, the 81-member team celebrated India’s Republic Day at the station along with East German and Soviet scientists. The station was used as a hub for research into meteorology, communications, and geology until it was abandoned in 1988–89 when it was submerged in ice.
Maitri In the year 1988, an ice-free and rocky area on the Schirmacher oasis was selected to build the second research station, Maitri. It is an inland station about 100 km from the shore at an elevation of about 50 metres above sea level. The station is equipped to carry out research in various disciplines such as biology, glaciology, human physiology, meteorology, atmospheric sciences, communication, medicine, etc.
Bharati About 3,000 km east of Maitri, the latest Indian research base, Bharati is located east of Stornes Peninsula in Antarctica at approximately 35 metres above sea level. The station was commissioned on March 18, 2012 to facilitate year-round scientific research activity by the Indian Antarctic program. It can accommodate 47 personnel on twin sharing basis during summer and winters with extra 25 personnel in emergency shelters/summer camps. The communication is through dedicated satellite channels which provide connectivity with India mainland for voice, video, and data.
As per the Indian Antarctic Act, there are numerous rules pertaining to Antarctica for people, businesses, visitors, and such research expeditions. This act increases the scope of the authority of Indian courts. Therefore, it is crucial to increase the Indian courts’ authority to hear cases involving crimes committed during any Indian expedition, including environmental crimes.
Key Provision of the Act
The act includes 10 chapters and 57 sections related to various aspects. Some of the major provisions are given below.
Applicability This act applies to Indian as well as foreign citizens or any vessel/aircraft registered in India or outside India or a business corporation, partnership, joint venture, group of people, or any other legal entity created, established, or recognised under any applicable legislation in India.
Permit requirement A permit will be required for various activities such as
- an Indian expedition to enter or remain in Antarctica;
- activities that could endanger local species, such as waste disposal by a person, vessel, or aircraft in Antarctica;
- permit for mineral resource activities such as (a) drilling, dredging, or excavating for mineral resources; (b) collecting any samples of mineral resources;
- no person, vessel, or aircraft can introduce any animal, plants, or any microscopic organism not indigenous to Antarctica, into any portion of Antarctica unless authorised in writing by another Party to the Protocol;
- a person to enter or remain in an Indian station in Antarctica; and
- a vessel or aircraft registered in India to enter or remain in Antarctica.
Prohibited activities Prohibitions relate to the following:
- Prohibition of nuclear explosion or disposal of radioactive waste material in Antarctica.
- Prohibition of introducing non-sterile soil into any part of Antarctica.
- Prohibition of introducing specified substances and products.
- Prohibition on damage, destruction, or removal of any historic site or monument or any of its parts in Antarctica.
- Prohibition of discharge of any garbage, plastic, or other product or substance that is harmful to the marine environment.
Committee formation The central government will establish a committee called the Committee on Antarctic Governance and Environmental Protection consisting of
- secretary of the Ministry of Earth Sciences as ex-officio Chairperson;
- ten members (not below the rank of joint secretary) from various ministries and organisations, such as defence, external affairs, finance, fisheries, legal affairs, science and technology, shipping, tourism, environment, communication, space, National Center for Polar and Ocean Research, and National Security Council Secretariat; and
- two experts from the Antarctic environment and geo-political fields, nominated by the central government.
Committee’s functions shall be to
- monitor, enforce, and ensure that all parties involved in programmes and activities in Antarctica comply with applicable international laws, emission standards, and rules for the protection of the environment;
- undertake any advisory, supervisory, or enforcement activities in relation to programmes and activities in Antarctica;
- obtain and review relevant information and reports provided by parties to the treaty, the convention, the protocol, and other parties engaged in programmes and activities in Antarctica;
- grant permits for various activities and to maintain records pertaining to the programmes and activities conducted by parties in Antarctica before looking into (a) adverse effect on climate or weather patterns; (b) adverse effect on air, snow, soil, land or water quality; (c) significant changes in the atmospheric, terrestrial, aquatic, glacial, noise or marine environment; (d) harmful changes in the distribution, abundance or productivity of native microbes, animal or plant species or their population; (e) harm or jeopardise endangered species or population; (f) harm or significantly jeopardise the areas of environmental, biological, geological, scientific, historic, wilderness or aesthetic significance or of primeval nature besides requiring the applicant to carry out the environmental impact assessment of the proposed activities;
- suspend or cancel the permit if the holder of any permit has made any incorrect or false statement or concealed any material fact or other reasonable grounds;
- negotiate fees/charges with other parties for activities in Antarctica;
- ensure that the programmes and activities are consistent with India’s obligations under the treaty, the convention, and the protocol;
- constitute an inspection team for the purposes of carrying out inspections in Antarctica and designate an officer as inspector, for performing the duties and exercising the powers of inspections;
- establish a waste classification system and waste management plans; and
- collaborate with other parties to attain the above goals and such other functions as may be delegated to it by the central government.
Waste disposal and waste management The waste disposal sites on land and abandoned worksites must be cleaned up by the generators of waste and the users of the sites.
A waste classification system shall be established by the committee for
- recording waste in Antarctica from activities like sewage and domestic liquid waste, other liquid waste such as medical and chemical waste including fuels and lubricants, solids including organic waste, and radioactive material; and
- facilitating studies on the environmental impacts of scientific activities and related activities.
Prevention of marine pollution and liability for an environmental emergency The committee ensures compliance with any activity undertaken in the Antarctic environment and its dependent and associated ecosystems by the permit holder, including compliance of international conventions or treaties.
An operator shall not be liable for an environmental emergency if it is proved that such an emergency is caused by an act or omission that was necessary to protect human life, a natural disaster of an extraordinary nature that could not reasonably be foreseen, an act of terrorism, or an act of war aimed at the operator’s activity.
Penalties and offences There are various provisions for offences and penalties such as
- conducting a nuclear explosion in Antarctica will result in a minimum fine of Rs 50 crore and a 20-year sentence that could be extended to life in jail. (Section 17)
- Without a licence, it is illegal to drill for minerals or introduce non-native animals or plants into Antarctica. Offenders will face up to seven years in prison and fines ranging from Rs 10 lakh to Rs 50 lakh. (Sections 7, 9, and 10)
- For the purposes of providing speedy trial of offences, the central government can establish, one or more Sessions Courts (after consulting the chief justice of the concerned high court/courts), to be the Designated Court and specify the territorial jurisdiction of such court. (Section 48)
- The provisions of the Code of Criminal Procedure, 1973 will apply to the proceedings before a Designated Court and the person conducting a prosecution before a Designated Court. (Section 51)
- The central government can confer on any officer of the central government or state government or committee, the power of arrest, investigation, search and seizure, and prosecution exercisable by a police officer under the act. (Section 50)
This act also directs the creation of a fund called the Antarctic Fund that will be used for protecting the Antarctic environment.
Way Forward
The Antarctic region has global importance due to the existence of a large number of unexplored resources covered under the ice. We should deepen engagement with the Antarctic treaty system and make better use of its compliance. Open discussions are needed with like-minded states in anticipation of sovereignty and resources. For its conservation, multiple parties must work together at the national and international levels. Initiatives like the Antarctic Act are the right approach to move forward.
Antarctica Region
The fifth-largest continent, Antarctica is known as ‘the white continent’ for its unusual biodiversity, intense cold, arid climate, strong winds, and uncharted regions. The name Antarctica originates from the Greek term ‘antarktike’, meaning ‘opposite to the north’ or ‘opposite to the Arctic.’ Antarctica is a unique continent as it does not have a native human population. It covers around 20 per cent of the Southern Hemisphere.
Importance of the region Its major resource attraction is its mineral resources, including coal seams, manganese ores, iron, uranium, copper, lead, and other metals. Antarctica’s predicted oil reserves have been estimated at up to 203 billion barrels, with 50 billion barrels expected in the Weddell Sea and Ross Sea, which respectively cover the continental shelves adjacent to the claimed territories in Australia and New Zealand.
Antarctic Treaty 1959
The Antarctic Treaty was signed in Washington on December 1, 1959 by twelve countries (Argentina, Australia, Belgium, Chile, France, Japan, New Zealand, Norway, South Africa, the USSR, the UK, and the US) during the International Geophysical Year (IGY) of 1957-58. Many more countries have ratified it since it came into effect in 1961. There are currently 56 parties to the treaty. The treaty covers the area south of 60° S latitude. The major objectives of the treaty include Antarctica shall be used for peaceful purposes only; freedom of scientific investigation in Antarctica and cooperation towards that end shall continue; and scientific observations and results from Antarctica shall be exchanged and made freely available.
For the protection and preservation of the Antarctic environment, and for the preservation and conservation of marine living resources in Antarctica, the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR) was established in 1980. In 1986, India became a member of the Convention on the CCAMLR.
The Protocol on Environmental Protection to the Antarctic Treaty was signed in 1991 and came into force in 1998. It designates Antarctica as a ‘natural reserve, devoted to peace and science’.
India and the Antarctica Treaty
India signed the Antarctic Treaty in 1983 and received consultative status the same year. In 1997, India ratified the environment protocol to the Antarctic Treaty upholding its commitment to preserve the pristine continent. The National Centre for Antarctic and Ocean Research (NCPOR), established in 1998 under the Ministry of Earth Science, is the nodal agency for all Antarctic expeditions.
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