MoD gives more teeth to Coast Guard to keep EEZ safe

In a move that may help reduce crime near the Indian coast, the Defence Ministry is set to empower the Indian Coast Guard to board any vessels, seize materials and arrest suspected individuals in the high seas up to 200 nautical miles from the coast.

The decision may help the sea guardians resolve some of the legal challenges it faced ever since its formation in 1978, while carrying out its day-to-day operations.

For instance, foreign vessels operating in India's Exclusive Economic Zone is governed by legislation that comes under the Ministry of External Affairs while laws used to check crime near the shore have a territorial jurisdiction up to 12 nautical miles.

Since the jurisdiction of Customs Act or Narcotics, Drugs and Psychotropic Substances Act ends in territorial waters, the Coast Guard personnel can't board suspected ships and boats to check for smuggling and drug rackets, even if they are armed with credible intelligence.

The Defence Ministry will now legally empower the Indian Coast Guard to operate within its jurisdiction of up to 200 nautical miles without legal hassles.

Once new rules are notified, the Coast Guard personnel would be authorised to visit, board, search and seize vessel, or arrest any person suspected to be used in a crime.

They would also be allowed to seize any artificial islands or any floating or moored objects, within their jurisdiction, which is 2.01 million sq km of the sea within the EEZ.

“The ICG currently has powers to board and detain vessels on powers delegated under the Customs Act (smuggling) and NDPS Act (illicit drug trade). The proposed change would give us power to apprehend the culprits under the Coast Guard Act of 1978,” said an official.

The legal empowerment of the force that guards India's 7,500 km coastline and the EEZ was being discussed within the government for more than a decade without any resolution.

India's maritime zones are governed by the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act of 1976 and the Maritime Zones of India (regulation of Fishing by Foreign Fishing Vessels) Act of 1981. But both of these acts have jurisdiction issues.

In a move that may help reduce crime near Indian coast, the Defence Ministry is set to empower the Indian Coast Guard to board any vessels, seize materials and arrest suspected individuals in the high seas up to 200 nautical miles from the coast.

The decision may help the sea guardians resolve some of the legal challenges it faced ever since its formation in 1978, while carrying out its day-to-day operations.

For instance, foreign vessels operating in India's Exclusive Economic Zone is governed by a legislation that comes under the Ministry of External Affairs while laws used to check crime near the shore have a territorial jurisdiction up to 12 nautical miles.

Since the jurisdiction of Customs Act or Narcotics, Drugs and Psychotropic Substances Act ends in territorial waters, the Coast Guard personnel can't board suspected ships and boats to check for smuggling and drug rackets, even if they are armed with credible intelligence.

The Defence Ministry will now legally empower the Indian Coast Guard to operate within its jurisdiction of up to 200 nautical miles without legal hassles.

Once new rules are notified, the Coast Guard personnel would be authorised to visit, board, search and seize vessel, or arrest any person suspected to be used in a crime.

They would also be allowed to seize any artificial islands or any floating or moored objects, within their jurisdiction, which is 2.01 million sq km of the sea within the EEZ.

"The ICG currently has powers to board and detain vessels on powers delegated under the Customs Act (smuggling) and NDPS Act (illicit drug trade). The proposed change would give us power to apprehend the culprits under the Coast Guard Act of 1978,” said an official.

The legal empowerment of the force that guards India's 7,500 km coastline and the EEZ was being discussed within the government for more than a decade without any resolution.

India's maritime zones are governed by the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act of 1976 and the Maritime Zones of India (regulation of Fishing by Foreign Fishing Vessels) Act of 1981. But both of these acts have jurisdiction issues.