Friday 08 / November / 2024
New Delhi : Maritime piracy is one of humanity’s pet-peeves that should have been rooted out through collective efforts of the nations a long time ago. Concerted efforts have indeed been made by United Nations since the 1950s to define, analyse, monitor and tackle piracy issues head-on. However, maritime piracy has slowly evolved from a traditional problem to a critical global concern of the 21stcentury.
The United Nations Convention on the Law of the Sea (UNCLOS), 1982, defines “piracy” as an act of unlawful violence, plunder or detention by a private ship or aircraft against another ship or aircraft, goods or persons on board that is not authorised by any State, and committed for personal purposes or private gain in high seas or in places without jurisdiction of any state.
The UNCLOS casts a positive obligation upon its 170 signatories to cooperate to the fullest possible extent in the repression of piracy. UNCLOS created a harmonized regime for the high seas and reaffirmed international customs and principles that were codified through earlier attempts like the High Seas Convention, 1958, especially those relating to acts of non-state actors on high seas or terra nullis.
India, being the world’s only country with an ocean named after it has historically played a pivotal role in navigation, commerce and security endeavours at high seas. With one of the world’s largest navy fleet, India’s maritime approach is articulately encapsulated in its vision of ‘SAGAR’- ‘Security and Growth for All in the Region’.
The Indian maritime policy is aimed at strengthening maritime cooperation in the Indian Ocean Region (IOR) and ensuring a favourable and positive maritime environment. In addition to playing role of the good Samaritan for the maritime nations of the global south during the COVID era, India has empowered the naval security apparatus of various countries in the IOR through fleet-empowerment, capacity building and training exercises. However, the issue of maritime piracy is still a looming concern in the IOR and the oceans of the world at large.
Rise in Maritime Piracy
A resurgence and increase in maritime piracy has been observed in the Indian Ocean region and the Gulf of Aden near Somalia. Between the period of November 2023 and April 2024, as many as 25 reported cases of attacks on ships have been linked to piracy. Piracy and armed robbery increased by nearly 20% in 2023, with 194 recorded incidents as against 161 such incidents in 2022.
Somalia has been particularly flagged as a critical area of concern, noting a significant rise in the hijacking of dhows.Somali piracy operates in large areas that cover Kenya, Tanzania, Seychelles, Mozambique, Madagascar, the Indian Ocean, the Arabian Sea, and even the areas near the west coast of India and Maldives.
The role of climate change and deteriorating fish stocks has also led to “occasional piracy”, where individuals engage in piracy out of economic distress. As a result, poverty, lawlessness and take-over of important institutions remain pervasive in Somalia, especially in the backdrop of the ongoing civil war.
Another key hotspot for piracy is the Gulf of Aden, being a critical maritime trade hub in the Horn of Africa. The area has been infamous for pirate activities since 2005 and has recently seen a spike in reported incidents.
Experts attribute this to the shift in global security focus from the Gulf of Aden to the Red Sea primarily due to increased Houthi attacks. Further, the suspension of NATO operations and reallocation of naval resources, primarily U.S., United Kingdom and France, has led to increased pressure on regional naval resources. Key regions of piracy activities in the Pacific Ocean include the Strait of Hormuz, Malacca Strait and Bab-elMandeb, also serve as key economic chokepoints since a large part of Asia’s oil supply is transported through these regions.
India’s role in combatting maritime piracy
The Indian Navy has played an active role in combatting piracy in the IOR. It has often emerged as the first-responder to pirate attacks upon commercial vessels. For instance, on 14 December 2023, a commercial vessel named MV RUEN was hijacked by Somali piratesand detained in Somalia’s Puntland region.
The anti-piracy mission, which took place 260 nautical miles east of Somalia and 1,400 nm (2,600 km) from the Indian coast, saw the Indian Navy’s elite commandoes—MARCOS PRAHARs—being air-dropped by a C-17 aircraft and rescuing the crew besides apprehending 35 pirates.
In recent years, India has significantly enhanced its maritime strategy by bolstering its naval capabilities. Aiming to establish itself as a global maritime leader, India has developed the Maritime India Vision 2030, which outlines an ambitious plan for rapid growth within the maritime sector over the next decade.
Additionally, the Indian Navy has been committed to achieving full self-reliance — Atmanirbhar — by the centenary of India's independence in 2047. The appointment of the country's first National Maritime Security Coordinator (NMSC) in February 2022 underscores India's strong dedication to the maritime domain. The maritime sector has taken on a more prominent role in government policies, driven by India's expanding maritime and Blue Economy interests.
Several initiatives have been launched by the Indian government to promote the development of the maritime sector and increase Maritime Domain Awareness. These initiatives include the Indo-Pacific Oceans Initiative (IPOI). Through the IPOI that builds up on India's “Security and Growth for All in the Region” (SAGAR) vision.
India has also implemented a comprehensive maritime cooperation strategy that addresses maritime safety and security in addition to conservation and sustainable use of the maritime domain. Additionally, in December 2018, the Information Fusion Centre for the Indian Ocean Region (IFC-IOR) was established in Gurugram, Haryana to house shared information on piracy, illegal fishing, drug smuggling, maritime terrorism and even environmental hazards, with some special emphasis on the Gulf of Aden.
India’s most notable efforts to combat regional piracy can be seen through its operations and regional efforts for a cohesive response. Since January 2024, the Indian Navy tracked the movements of MV Ruen, which was used by pirates to launch attacks in IOR, before being recaptured in mid-March by the INS Kolkata. Other significant rescue operations include the rescue of 21 crew members from the bulk carrier Liberian-flagged vessel MV Lila Norfolk in the North Arabian Sea.
Additionally, under the Indian Navy-led Operation Sankalp over 5000 personnel have been deployed at sea, over 21 ships patrol the waters and over 900 hours of flying by maritime aircraft have been recorded to address maritime threats. Operation Sankalp has enabled India to play a strategic role as a “First Responder” and “Preferred Security Partner” in the IOR, having responded to over 18 incidents until March 2024.
Deeper emphasis has been laid on bolstering regional cooperation to combat maritime piracy. Key issues facing contemporary India, like connectivity and resilient supply chains, are closely linked to the stability and freedom of navigation in the Pacific Ocean. In 2018, the Prime Minister of India signed the Shared Vision of Maritime Cooperation in the Indo-Pacific and a Defence Cooperation Agreement with Indonesia that granted access to the strategic port of Sabang in northern Sumatra, which is situated at the entrance of the Malacca Strait.
India has also established a legal framework for maritime piracy through the Maritime Anti-Piracy Act, 2022 (“MAP Act”). The MAP Act was passed by the Parliament in 2022 to give effect to UNCLOS’s framework for combatting piracy and armed robbery at sea.
The Act defines piracy along similar lines as the UNCLOS, and extends its application to high seas, including the Exclusive Economic Zone of India and other States as well as all waters beyond the jurisdiction of any other State i.e. international waters. It enables Indian enforcement agencies and authorised personnelto arrest any ship and crew on suspicion of piracy in high seas. Penalties for offences include imprisonment for life and even death in cases of acts of piracy causeor attempt to cause death. The provisions also include extradition clauses whereby offences are extraditable even in the absence of such treaties on the basis of reciprocity between countries.
The resurgence of maritime piracy, especially in the Indian Ocean and the Gulf of Aden, presents serious challenges to global maritime security, stability and trade. Various factors, including the changing focus of security forces, climate change, and economic instability in certain countries, have fuelled this rise in piracy.
Unless checked, incidents may increase substantially. In response, India has developed a comprehensive maritime strategy that enhances its naval capabilities and promotes regional cooperation. The Indian Navy has undertaken proactive operations, such as those under Operation Sankalp and the successful recapture of hijacked vessels, showcasing its dedication to safeguarding the region's seas.
Additionally, India's legislative measures, particularly the MAP Act of 2022, bolster its legal framework for combating piracy. By fostering maritime domain awareness and establishing strategic partnerships through initiatives like the Indo-Pacific Oceans Initiative, India is positioning itself as a vital player in ensuring both regional and global maritime stability.
