The Indian Antarctic Act, 2022
Administered Ministry: Ministry of Earth Sciences
Act details
| Short title | The Indian Antarctic Act, 2022 |
|---|---|
| Long title | An Act to provide for the national measures for protecting the Antarctic environment and dependent and associated ecosystems and to give effect to the Antarctic Treaty, the Convention on the Conservation of Antarctic Marine Living Resources and to the Protocol on Environmental Protection to the Antarctic Treaty and for matters connected therewith or incidental thereto. |
| Act number | 13 of 2022 |
| Act year | 2022 |
| Enactment date | 6 Aug 2022 |
| Ministry | Ministry of Earth Sciences |
| Jurisdiction | Central (Parliament of India) |
| Sections | 58 |
| Status | Not repealed |
| Last checked on India Code | 28 Oct 2026 |
| Source | India Code, Government of India |
Summary
Summary of The Indian Antarctic Act, 2022
Purpose & Application
• Protects Antarctic environment and ecosystems.
• Applies to Indian citizens, entities, and expeditions in Antarctica.
Key Provisions
1. Committee on Antarctic Governance
• Established by the Central Government.
• Oversees and advises on Antarctic activities.
2. Permit Requirements
• Mandatory for expeditions, stations, vessels, and specific activities.
• Exceptions for transit through high seas.
3. Environmental Protections
• Environmental Impact Assessment (EIA) required for permits.
• Mandatory Waste Management and Emergency Plans.
4. Penalties & Offences
• Detailed in Chapter IX for contraventions.
Legislative history
Legislative History:
The Indian Antarctic Act, 2022
Source: India Code Official Repository and Ministry of Earth Sciences Official Records
Short Title - The Indian Antarctic Act, 2022
Act Number / Year - Act No. 13 of 2022
India Code Act ID - 2022-13
Introduced In - Lok Sabha
Presidential Assent Date - August 6, 2022
Official Gazette Publication - August 8, 2022
Enforcement Date - August 7, 2023
Nodal Ministry - Ministry of Earth Sciences
Precedent & Statutory Rationale
• Alignment with International Legal Frameworks:
Gives domestic statutory 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 (Madrid Protocol, 1991).
• Expanded Scope and Prohibitions:
Provides a robust legal framework to protect the Antarctic environment, prohibit mining, illegal activities, and nuclear explosions or disposal of radioactive waste. It applies jurisdiction over Indian citizens, corporate entities registered in India, foreign participants in Indian expeditions, and vessels/aircraft part of an Indian expedition.
• Governance and Penal Mechanisms:
Establishes the Committee on Antarctic Governance and Environmental Protection (CAG-EP) chaired by the Secretary of the Ministry of Earth Sciences to issue permits and monitor activities. Introduces strict penal consequences, ranging from heavy fines to imprisonment and life sentences for severe ecological violations like nuclear waste dumping.
Parliamentary Trajectory & Enactment
• Formulation: Drafted and piloted by the Ministry of Earth Sciences to fulfill India's international obligations as a Consultative Party to the Antarctic Treaty and regulate a transparent national program.
• Parliamentary Passage: Introduced in the Lok Sabha on April 1, 2022; passed by the Lok Sabha on July 22, 2022, and subsequently passed by the Rajya Sabha on August 1, 2022.
• Presidential Assent: Received formal Presidential Assent on August 6, 2022, entering the statute book as Act No. 13 of 2022.
• Enforcement: Formally brought into operational force across India on August 7, 2023, via Official Gazette notification.