The Anti-Maritime Piracy Law in India and Malaysia: An Analytical Study

Abstract

ABSTRACT Sea piracy is one of the greatest threats to trade and commerce on high seas. According to the annual report 2020 of the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP), a total of 97 incidents (comprising 95 actual incidents and two attempted incidents) of piracy and armed robbery against ships were reported in Asia in 2020. The number of incidents was just double the last year's 2019 sea piracy cases. The incident of piratical attacks affected Asian Countries and particularly Southern Asia and Southeast Asia is the most affected area. Southeast Asia covered 41 percent of total pirate attacks during 1995-2013. Although India and Malaysia are geographically differently located both are mostly affected by these incidents of sea piracy and it has a long-standing history to fight against piracy. India has proposed the Anti-Maritime Piracy Bill, 2019 to curb this menace in tune with the United Nations Convention on the Law of Seas (UNCLOS), 1982, and Malaysia has the Malaysian Maritime Enforcement Act, 2004. The present study analyses the concept of piracy in Asian countries and its international and national legal framework to deal with piratical attacks. It is found that Southern Asia and particularly Southeast Asia is one of the most affected areas in piratical attacks. Further, there is no specific legislation to deal with piracy in India and Malaysia. Therefore, India and Malaysia should have strong domestic legislations for the apprehension and prosecution of pirates.