EXPLAINED: India's Role In North And South Poles And Why It Introduced Indian Antarctic Bill 2022

The Government of India tabled The Indian Antarctic Bill, 2022 in Lok Sabha on April 1, which aims to provide for the national measures for protecting the Antarctic environment.

India's Bharati Research Centre, which is located between Thala Fjord and Quilty bay, east of Stornes Peninsula, in Antarctica | Photo: Twitter/@NCPOR

Hamburg: The two poles of Earth are a great reporsitory of natural resources. The geographical poles are diametrically opposite points on Earth where its axis of rotation intersects its surface. These poles are called as North Pole and South Pole. The North Pole is surrounded by the Arctic Ocean and South Pole lies in the Antarctic Ocean.

The Antarctic is a swathe of land surrounded by water, while the Arctic is water surrounded by land. The territories of Canada, Denmark (Greenland), Iceland, Finland, Norway, Sweden, the United States and Russia apply their respective laws to their Arctic domains. In Antarctic region, the territorial claims amount to 85 per cent of the total land mass. 

International Law Governing The Antarctic and Arctic Poles

Given the treasure of natural resources these two poles have, they have acquired significance in the geopolitical set up of present world order because of the advancement of science and technology, to extract these natural resources. Also, since these regions are not part of any territories, as understood by nation-state sovereign territory, their governance has also acquired critical significance of world powers.

In this regard, Antarctics has witnessed the conclusion of a treaty named as The Antarctic Treaty. Twelve countries signed the Antarctic Treaty on December 1, 1959. These were countries whose scientists had been active in their exploration of the area during the International Geophysical Area in 1957-958.

Among these twelve signatories, seven countries — Argentina, Australia, Chile, New Zealand, France, Norway, and the United Kingdom — have made territorial claims, sometimes overlapping, which account for 85 per cent of the total landmass of the Antarctic region. 

The Antarctic pole is governed through the international instrument of the Antarctic Treaty and the Protocol on Environmental Protection to the Antarctic Treaty (the Protocol). The protocol was signed in 1991 in Madrid, Spain. 

Unlike Antarctic region, there is no comprehensive international treaty governing the regulation of Arctic region. It is governed through the complex web of domestic laws and policies of Arctic States, and international treaties such as the UN Convention on the Law of the Sea.

There are many ‘Intergovernmental Bodies’ (IGB) that are forming the structure for governance of Arctic region. Of these IGBs, the Arctic Council is of prime importance. It is dedicated to discussion and work on Arctic issues, such as environmental protection, sustainable developments and rights of indigenous people.

The Arctic Council has no legal personality because it is not a treaty body. Nevertheless, it is a platform for eight Arctic States, six indigenous people organisation and state observers. The eight Arctic states are Canada, Denmark (via Greenland), Finland, Iceland, Norway, Russia, Sweden and the United States.

India And The Two Poles

The Government of India tabled The Indian Antarctic Bill, 2022 on the floor of the Lok Sabha on April 1, 2022. The Bill is introduced 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”.

While the Lok Sabha has passed the Bill, it will now be tabled in the Council of the States for passing.

India signed the Antarctic Treaty on August 19, 1983, and was soon granted the observer status on September 12, 1983. The protocol entered into force for India on January 14, 1998. India has active research stations — Maitri at Schirmacher Hills, Bharati at Larsemann Hills as well as Himadri station in the Arctic — and it now belongs to the elite group of nations that have multiple research stations within the Polar Region.

Though there is no Arctic Bill, for the simple reason that there is no Arctic Treaty, India did roll out its Arctic Policy in January 2021. There are currently five states from Asia that enjoy the status of ‘Observer’ in the Arctic Council. These states are China, Japan, India, South Korea and Singapore, and all of them joined the Arctic Council in 2013.

India renewed its membership for another five years in 2019. The admission of ‘Observers’ in the council was predicated upon recognising the “Arctic States’ sovereignty, and jurisdiction in the Arctic”, besides recognising the broad international legal framework that has a bearing on the Arctic Ocean, such as the United Nations Convention on the Law of the Sea (UNCLOS).

Both the poles of Earth carry critical significance for India for various geopolitical and natural resources reasons. India is expected to act towards promotion of protection of natural reserve. 

Indian Antarctic Bill 2022: Key Points 

• The Bill passed by the Lok Sabha earlier this month seeks to protect the Antarctic environment, and also regulate activities in the region.
  
• The provisions will apply to any person, vessel or aircraft part of an Indian expedition to Antarctica under a permit issued under the Bill. 
  
• There will be a central committee on Antarctic Governance and Environmental Protection, which will be chaired by the secretary, Earth Sciences, and have 10 members, not below the rank of joint secretary, from ministries and organisations such as defence, external affairs, National Centre for Polar and Ocean Research, and National Security Council Secretariat. Two experts from Antarctic environment and geo-political fields will also be part of the panel that will grant permits for various activities, implement and ensure compliance of relevant international laws for protection of Antarctic environment, and negotiate fees/charges with other parties for activities in Antarctica, among other functions.
• The Bill prohibits nuclear explosion or disposal of radioactive wastes in Antarctica, introduction of non-sterile soil, and discharge of garbage, plastic or other substances into the sea that are harmful to the marine environment.
  
• The Bill specifies penalties for violation of its provisions.

(The author is a PhD fellow at Hamburg University. He has written two books on financial laws.)