Coastal security and laws related to its preparedness

Introduction

India have coasts bordering with several states like Maharshtra, Gujrat, Tamil nadu etc  .These coasts are always being vulnerable to maritime threats[1], illegal fishing, pollution, illegal migration and drug trafficking which shows there is an urgent need for  robust laws to protect both the coastal areas and maritime zone of India. Coastal security is defined under Article 297 by  the Maritime zone of  India act, 1976.

Crimes within coastal areas

Before 26/11 mumbai attack, there were very few regulations and laws for the coastal security and for crimes being acted there. For remedy to this, firstly the crimes must be recognised and listed with the extent of effects among the population secondly, Harsh punishment to the criminals play a crucial role here. Now we will understand different crimes and how it effects to the population near the coastal areas they are as follows

• Smuggling- Gold, Human organs, electronic devices, drugs, exotic animals and plants etc are being smuggled through the sea for a long time, All these goods being smuggled because of ineffective coastal security, Harbour being unchecked or not properly checked before export.
• Illegal, unreported and unregulated fishing- People engage in fishing outside their state jurisdiction, Not reporting to the competent fisheries authority of fishing they have, tax and custom fraud, money laundering, using the fishing vessels for illegal activities etc.
• Illegal migration- The eastern and southern coasts faces the maximum problem of illegal migration pushed by the religious persecution, lack of opportunity in their country, poverty etc. For example- Nationals from Sri lanka and Bangladesh Illegally migrating through sea to the coast.
• Armed Robbery- Several cases of Robbery have been reported from various ports in the country and various ships being robbed too.

Coastal security Bill

Coastal security bill was implemented in two  phases with a span of 5 years each. First phase was implemented in January, 2005 and second from it onwards[2]. These shemes were necessary to be implemented because of increasing crimes in the maritime zones or in the coasts of these several states. With these phases government spend money for the regulations of crime in these areas like deploying numbers of boats for patrolling, strict security checking for the goods to export or import and development of more coastal police stations there.                                                                                   Article 297 in constitution of India

This article provides India’coast definable and measurable. Nowadays powerful countries are claiming the coasts of less powerful country by either forcing or try to acquire by showing past conflict over coasts. Prime example is How china claims over coasts near South china sea Islands, vitenamese coast etc. Article 297 states the official power a country has over their coast. This article states that whatever the resources found within the coasts or in the seas under Indian jurisdiction are vest upon and have full ownership by the Government of India. 

Chapter lll of Coast Guard Act, 1978

Directly or indirectly Coast guard act helps the Indian coasts being protected from the criminals and from maritime threats out there .This act provides Indian coast and maritime zones with number of armed personel for its security by the Union of India. After 2008 mumbai attack the Indian government introduced to expand the coast guard force seeking their  duties and functions a necessary weapon for the protection of the coasts . Here we will talk about Chapter lll of Coast guard act. This chapter specifically talks about the Duties and Functions of the Coast Guard which are as follows:

• Ensuring the safety of resources in Islands, protecting the harbours and other structures.
• Providing protection and assistance to the fisherman.
• Protecting the marine environment and coastal areas of the country from different kinds of pollution.
• Assisting authorities in anti smuggling operations.
• Protecting marine life and collect data for scientific marine research[3]. 

Cases related to coastal Environment

We can see how coastal areas are being polluted which poses danger for the marine life and for the people living nearby. Supreme court and various other courts in India plays a vital role in protecting and conserving the coastal environment in our country, their involvement is crucial .Some of the cases are discussed below.

Indian council for Enviro-Legal action v Union of India, 1996

Indian council for Enviro-Legal action v Union of India, 1996[4], Case took place on 13 February, 1996. In this case The petitioner took action in Bichhri village,Udaipur district, Rajasthan against the pollution caused by the chemical factories by releasing acid water into the seas. The respondendant operating industries there producing chemicals which contains

highly toxic acid without having permit to run, these acidic water were left untreated and being dissolved into the earth, which causes serious pollution to the environment and the people living nearby. People died from several diseases caused by the polluted soil. . For several years court directed the company to treat their waste properly and the company ignored for years. Finally The National environment engineering research institute reported the ignorance by the respondents and in 1996, the court held a final hearing on these matter and came upon the  judgement directed to close the factory and directed the ministry of environment and forest of India to compensate the cost of eco-restoration from the industries.

1. jagannath vs Union of India, 1997
2. jagannath vs Union of India, 1997[5], case took place on 11 December, 1996. In this case the petitioner sought the enforcement of Coastal regulation zone notification, 1991 for prohibiting the certain type of prawn farming in the fragile coastal areas for protecting marine life there. With the motive of commercial aqua farming which led to the loss of mangrove forest within the coast, polluting the potable water and can be seen less number of fishing there because of less number of fish alive there.

The court found that any type of prawn farming in the ecologically fragile coastal areas  should be prohibited and come upon the judgement that no part of agricultural land will be transformed into aquaculture farms and constituted an authority under the central government under sec8 (3) of the Enivornment protection act , 1986 . Whoever caught carrying prawn farming or coastal aquaculture in these fragile areas without registration could have imprisonment peroid of 3years. The court further directed to restrict shrimp agriculture in the coastal areasand to get prior allowance and clearance from the authority for aquaculture functioning outside the coastal regulation zone.

Conclusion

Coastal security should be prepared for tackling greater threats in the near future and we can see the promotion of it through initiatives and regulating proper acts by the government and

Indian court. After 9/11 mumbai attack coastal security becomes a major area to deal with and the crimes related to coastal areas must be degraded with harsh punishments. Coast guard act fulfils its duty by deploying marine police to patrol these areas, before this act there were no serious arrangement to keep the coastal areas safe. Cases related to reduce the coastal threats and pollution led to the introduction of many law  to tackle coastal areas threats, about control over coastal zone, maritime laws, Anti piracy laws etc.

[1] https://www.mha.gov.in/web/sites/default/files/AnnualReport_12_13.pdf

[2] https://www.mha.gov.in/web/sites/default/files/AnnualReport_12_13.pdf

[3] https://www.mod.gov.in/sites/default/files/Coast%20Guard%20Act%2C%201978.pdf

[4]Indian council for Enviro-Legal action v Union of India,( 1996) AIR 1446, SCC(3)212

[5] S. jagannath vs Union of India,(1997)  2 SCC 87: AIR 1997 SC 811