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Showing contexts for: piracy in Gaurav Kumar Bansal vs Union Of India And Ors on 9 September, 2014Matching Fragments
5. It is further pointed out in the affidavit that at the International level, pursuant to a United Nations Security Council resolution, a ‘Contract Group on Piracy off the Coast of Somalia’ (CGPCS) was established in January, 2009 to coordinate anti-piracy efforts of the International Community. India is a founder-member of the CGPCS and has been fully engaged in the efforts to share information, coordinate actions of the navies in combating piracy in the Gulf of Aden, raising public and merchant marine awareness and examining legal issues with respect to apprehended pirates. It has been further submitted that India chaired the CGPCS from September, 2012 to December, 2012 including the 13th Plenary Session held in New York on 11th December, 2012. India, during its Presidency of the Security Council in November, 2012, organized an open debate on the subject of piracy on 19th November, 2012 following which a Presidential statement was adopted by the Council high-lighting the cause of the welfare of seafarers. Respondent No.2 is also coordinating with the UN and other international bodies like the Contract Group on Piracy off the Coast of Somalia (CGPCS) to seek coordinated solutions to the problem of combating piracy off the coast of Somalia. India has called for better coordination of international efforts for escorting merchant ships and patrolling in the region, preferably under the aegis of the United Nation. India has also become a member of International Contact Group (ICG) on Somalia in 2013.
India is a signatory to the United Nations Convention of the Law of Sea (UNCLOS), 1982, which defines piracy and pirates acts (Article 101). India does not presently have a separate legislation on piracy. Therefore, it was decided by the Government to prepare a comprehensive domestic legislation on piracy in line with the UNCLOS definition of ‘piracy’ at the earliest so as to ensure effective prosecution of the pirates and to act as a deterrent to pirates. For this purpose, the Piracy Bill 2012 was prepared by the MEA in consultation with the Ministries of Shipping, Defence, Home Affairs and Law & Justice and tabled, with the approval of the Cabinet, in the Parliament. Piracy Bill 2012 was listed in earlier sessions of Parliament but, due to paucity of time, it could not be considered. It is likely to be considered in the ongoing session of Parliament for which External Affairs Minister has already issued a notice.
8. It is respectfully submitted that the Ministry of External Affairs (hereinafter referred to as the “MEA”), as part of the Government of India, has been making all efforts to deal with piracy and hostage crisis. The piracy issue is also taken up during all high level interactions with the Government of Somalia.
9. It is respectfully submitted that at the International level, pursuant to a United Nations Security Council resolution, a ‘Contract Group on Piracy off the Coast of Somalia’ (hereinafter referred to as the “CGPCS”) was established in January, 2009 to coordinate anti-piracy efforts of the International Community. It is further respectfully submitted that India is a founder-member of the CGPCS and has been fully engaged in the efforts to share information, coordinate actions of navies in combating piracy in the Gulf of Aden, raising public and merchant marine awareness and examining legal issues with respect to apprehended pirates. It is further submitted that India chaired the CGPCS from September, 2012 to December, 2012 including the 13th Plenary Session held in New York on 11.12.2012. The Communique adopted by the CGPCS, inter-alia, highlighted the need for greater International Cooperation for securing the early release of hostages and their Welfare.
10. It is respectfully submitted that India during its Presidency of the Security Council in November, 2012 organized an open debate on the subject of piracy on 19.11.2012 following which a Presidential Statement was adopted by the Council highlighting the cause of the welfare of seafarers.
11. It is respectfully submitted that India is a signatory to the United Nations Convention of the Law of Sea, 1982 (hereinafter referred to as the “UNCLOS”) which defines piracy and pirate acts (Article 101). It is further submitted that India does not presently have a separate legislation on piracy. Therefore, it was decided by the Government to prepare a comprehensive domestic legislation on piracy in line with the UNCLOS definition of ‘piracy’ at the earliest so as to ensure effective prosecution of the pirates and to act as a deterrent to pirates. For this purpose, the Piracy Bill 2012 was prepared by the MEA in consultation with the Ministries of Shipping, Defence, Home Affairs and Law & Justice and tabled with the approval of the Cabinet in the Lok Sabha on 24 April 2012. The Bill was referred to the Standing Committee on External Affairs which presented its report to the Lok Sabha on 14 August 2012. Based on recommendations made by the Standing Committee and subsequent inter- ministerial consultations held with all concerned Ministries/Departments, Official Amendments to the Piracy Bill, 2012 were approved by Cabinet on 18 March, 2013.