Lok Sabha Question No. 4389 (UNSTARRED), answered on 2017-03-29
Subject: Jurisdiction on High Seas
Ministry: LAW AND JUSTICE
Asked by: ASADUDDIN OWAISI

## GOVERNMENT OF INDIA

## MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. 4389

## TO BE ANSWERED ON WEDNESDAY, 29 th  MARCH, 2017

## Jurisdiction on High Seas

## 4389. SHRI ASADUDDIN OWAISI:

## Will the Minister of LAW AND JUSTICE be pleased to state:

- (a)  whether  at  present  only  Bombay,  Calcutta  and  Madras  High  Courts  are allowed to settle maritime claims;
- (b) if so, the details thereof;
- (c)  whether  Government  has  amended  the  law  passed  in  1865  allowing  High Courts of all coastal States to settle maritime claims;
- (d) if so, the details thereof;
- (e) whether new law is applicable to every vessel irrespective of origin or domicile of owner; and
- (f)  if  so,  the  extent  to  which  the  proposed  changes are  likely  to  settle  maritime claims speedily?

## ANSWER

## MINISTER OF STATE FOR LAW AND JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI P. P. CHAUDHARY)

(a)  &  (b)  :  The  statutory  provisions  on  admiralty  jurisdiction  flows  from  British  statues namely (a) the Admiralty Court Act, 1840, (b) the Admiralty Court Act, 1861, (c) Colonial Courts of Admiralty Act, 1890, (d) Colonial Courts of Admiralty (India) Act, 1891, and (e) the provisions of the Letters Patent, 1865 applicable to the admiralty jurisdiction of the Bombay,  Calcutta  and  Madras  High  Courts.    These  Acts  provide  for  admiralty jurisdiction  to    only  Bombay,  Calcutta  and  Madras  High  Courts.    However,  after  the Hon'ble Supreme Court in its judgement on 26 th February, 1992 in the matter of M. V. Elisabeth And Ors. Vs. Harwan Investment And Trading Ltd held that the High Court of Andhra Pradesh undoubtedly possesses jurisdiction over claims relating to inward and outward cargo, coastal States are entitled to assume jurisdiction in respect of maritime claims against foreign merchant ships lying in their waters.  These ships are liable to be arrested and detained for the enforcement on maritime claims.

(c)  &  (d)  :  The  Government  has  consolidated  the  existing  laws  relating  to  admiralty jurisdiction  of  courts, admiralty  proceedings on maritime claims, arrest of vessels and related issues in the Admiralty (Jurisdiction & Settlement of Maritime Claims) Bill, 2017 (passed by the Lok Sabha on 10 th March, 2017 and to be introduced in Rajya Sabha for consideration  and  passing).a    The  Bill  confers  admiralty  jurisdiction  on  High  Courts located in coastal states of India and this jurisdiction extends upto territorial waters.  The jurisdiction is extendable, by a Central Government  notification, upto exclusive economic zone or any other maritime zone of India or islands constituting part of the territory of India.

(e) : The Admiralty (Jurisdiction and Settlement of Maritime Claims) Bill shall apply to every vessel, irrespective of the place of residence or domicile of the owner.  The Bill provides that admiralty jurisdiction shall be exercisable by respective High Courts over the waters up to and including the territorial waters of their respective jurisdiction.

(f)  :  The  list  of  maritime  claims  has  been  expanded  in  line  with  international  uniform practices.  High Courts can arrest a vessel for security and if circumstances require an arrested vessel can be sold by the court.  Action can also be initiated in person against settlement  of  maritime  claims.    Maritime  claims  and  maritime  liens  will  be  subject  to inter-se  priority  and  wages  of  seafarers  shall  holds  highest  priority.    Ship-owners, charterer, operator and crew are protected from unjustified arrest of vessel.

*****