Rohaan Thyagaraju is a third-year law undergraduate pursuing a BBA LLB degree from Symbiosis Law School. Read More
Abstract
The maritime industry is crucial to India’s economic architecture, supporting the country’s trade dynamics and food security infrastructure. As India’s marine industry expands at an unprecedented rate, it has also created several environmental issues recently receiving significant scholarly and governmental attention. This report will outline the different environmental impacts of India’s marine sector while also critically discussing the regulatory frameworks in place.
The research elaborately analyses the main environmental impacts, which include air pollution, marine water pollution, habitat degradation, and noise pollution. The present study demonstrates definite causal connections between maritime activities and environmental degradation by employing a structured analysis of empirical evidence and case studies. This study examines the effectiveness of current legislation procedures and operational practices governing maritime operations to identify critical loopholes in the implementation and enforcement processes.
The report goes further to comprehensively discuss government initiatives and other non-governmental efforts to reduce adverse impacts on the environment. Such analysis entails insights from industry practitioners, regulatory agencies, green groups, and concerned communities along the coastline. The research encompasses a holistic analysis of how economic pressures cut across the sustainability of the environment within the maritime world.
Based on these findings, this report would provide a framework for constructing more rigorous and enforceable legislation and practical operational guidelines to find a perfect balance between industrial growth and environmental conservation. Better monitoring methods, enforcement protocols, and the need for industry accountability should be improved as soon as possible. The paper gives actionable recommendations for policy reforms and operational improvements to help India make the maritime sector more environment-friendly while still achieving critical economic functions.
Introduction
The remarkable 7,500 km of India’s coastline constitutes nine coastal states and union territories that highly contribute to the country and the world economies through ports and their shipping, fishing, and allied activities industries. Marine activities are increasing, but so is environmental concern; thus, coordinated short- and long-term initiatives are needed. Shipping pollutes, spills oil, destroys habitats and introduces exotic species by ballast water discharge. Some of the implications[1] have been far-reaching. Therefore, this analysis aims to scrutinise the extent of such impacts while criticising India’s legal and practical solutions for reducing environmental degradation.
Environmental issues have been addressed in India through several regulatory frameworks by the Indian government. These include the Merchant Shipping Act and the Maritime Zones Act. However, the biggest challenge is compliance with the policy due to inadequate resources and monitoring. The situation is acute in the coastal states of Gujarat and Maharashtra because these two states host more than 60% of India’s maritime trade. Untreated industrial effluents are discharged, along with oil spills resulting from boat operations, that have severely degraded coastal habitats. Mangrove forests, a natural barrier against erosion, were susceptible to anthropogenic pressures and provided essential habitats for marine species.
Environmental Impacts Summary
Air Pollutants
The maritime industry is among the worst contributors to air pollution due to its harmful health implications and environmental deterioration. Mainly, ships emit pollutants using heavy fuel oil, emitting SOx, NOx, and PM.
SOx: This results when burning high sulfur fuel, which releases SOx, increases acid rain, and triggers respiratory diseases in marine communities.
Nitrogen Oxides (NOx): Emissions lead to the production of ground-level ozone; they can impact air quality and, indeed, the health of individuals.
Reportedly, 3-4% of the emissions of the worldwide greenhouse effect are shipped via sea. However, decisive action should be taken as soon as possible.
Water Pollution
All environmental impacts of ship operations give much importance to water pollution, primarily resulting from multiple sources.
Ballast Water Discharges: Ballast water is taken on board the ships to maintain stability and, in the process, holds non-native species.[2] Such ballast water releases have often led to the invasion of native ecosystems in the Indian scenario.
Oil Spills: Incidents like the 2020 Mauritius MV Wakashio oil spill, with hundreds of thousands of tons leaking into sensitive marine ecosystems, exemplify how disastrous such an occurrence is. In doing so, marine biodiversity suffers drastically and jeopardises the local fishing industries and, more importantly, the livelihood of coastal communities.[3]
Wastewater and Sewage: Untreated sewage and wastewater are commonly released into the sea by ships, resulting in excess nutrients that cause harmful algal blooms and dead zones, which reduce marine life.
Habitat Destruction
Maritime operations cause massive habitat destruction in coastal areas. Port and shipping lane constructions and enlargements destroy such vital habitats as mangroves and coral reefs.
Dredging: Grounds for large vessels increase sedimentation that blocks light penetration and interferes with the photosynthetic activities of marine flora. Habitat destruction not only decreases biodiversity in the ocean but also decreases the natural barriers that coastal areas have to prevent storm surges and erosion.
Noise Pollution
Noise pollution through the activities of the marine ecosystem poses a unique risk. Underwater noise created through ship engines, propulsion machinery, and cargo operations in ships can disrupt cetaceans’ navigation and feeding behaviours and the marine mammals’ communication, respectively. Re-echoing of this disturbance can result in the decline of populations and disrupted social structures of the affected species.
Controlling Maritime Activities: Legal Provisions
International Instruments and Consequences
India is a party to most of the conventions and agreements that relate to maritime pollution, among others the following conventions:
M.A.R.P.O.L. Convention: The Convention for the Prevention of Marine Pollution by Ships, otherwise known as M.A.R.P.O.L., is an agreement to formulate standards and regulations regarding the prevention and minimisation of marine pollution by ship as well as protocols regarding oil spills in the sea. Such provisions are accepted by the Indian Merchant Shipping Act 1958 and compel every vessel operating in waters over India to follow the above-stated provisions.
Ballast Water Management Convention: the convention prevents the spread of invasive species by ballast water through the management and treatment of ballast before discharge by ships.[4]
National Legislation
Some of the key statutes and regulations are as follows in the legal structure of India:
Merchant Shipping Act, 1958: This Act assigns liabilities to prevent marine pollution and liabilities are attached to it in case of damages resulting from spills or discharges.
Environment Protection Act, 1986: The supreme statute has protected the environment by law, controlling poisonous and harmful agents. That is because no provision exists for dumping toxic waste in the ocean.
The Wildlife Protection Act, 1972: The legislation under consideration, among other things, protected marine life from human actions with adverse impact, especially to the crucial habitat of species at locations marked to have protected status from actions taken for shipping or fishing industries.
Significant Environmental Incidents
MV Wakashio Incident
The grounding in 2020 of the MV Wakashio off the coast of Mauritius exemplifies the significant threats associated with maritime accidents over oil spills. This instance revealed response preparedness deficits and lacunae within legal frameworks surrounding oil spills in Indian and neighbouring waters. A little over 1,000 metric tons spilt into a marine protected area, and severe ecological damages resulted in coral reef pollution.
X-Press Pearl Incident
The 2021 X-Press Pearl fire, which eventually lost its cargo containing nitric acid and plastic pellets, also highlighted the vulnerability of the maritime regulatory framework related to hazardous materials. For several years, the local fisheries remained devastated,[5] and the coastal ecosystem continued to suffer damage, shifting the spotlight on the critical need for full compliance with international safety standards and redress measures.
Governmental Initiatives and Strategic Responses
Policy Frameworks
The Indian government has taken initial steps to mitigate the impacts of environmental degradation:
‘Harit Sagar’ Green Port Guidelines: These promote green port activities by reducing emissions, managing waste and preserving the sea’s biodiversity.
National Policy on Marine Fisheries: The policy will help to ensure the sustainable use of maritime resources with minimum overfishing and habitat destruction. It is prepared to consider stakeholder participation and scientific data during policy formulation.
Technological Innovations
New technologies are now crucial for the maritime industry to reduce environmental impacts. For instance:
A.I. on Emission Reduction: Artificial intelligence solutions optimise routing and fuel usage[6], reducing carbon footprint for shipping operations in the Indian maritime industry.
Sustainable Ship Recycling Practices This focus has been given to recycling and disposing of decommissioned vessels through sound, environmentally friendly practices to reduce marine pollution from abandoned ship parts and hazardous materials.[7]
Obstacles towards Effective Administration
Even though a regulatory structure has been constructed and efforts are still undertaken, the most significant obstacles are still the following:
Monitoring and Compliance
Laws often need to be sufficiently monitored, especially in emerging coastal countries. Although the Indian Coast Guard makes it uncomplicated to monitor compliance with regulations, poor resources and technological incapability fail to provide sufficient monitoring of this very vast maritime territory.
Socio-economic Factors
One major issue with enforcement measures is that coastal populations rely on fishing and other uses of maritime resources. Since sustainable resource management may compromise this end and the livelihoods of opposing groups, there might be more significant conflict over participatory governance and more open policy-making processes.
Future Course
For India, the future will challenge integration in its maritime governance structures. The key recommendations are as follows:
- Strong Legislation and Enforcement: As far as strengthening legislation and enforcement are concerned, adequate provision for mechanisms of enforcement, as well as compliance checks, should be made so that incidents of pollution do not take place and marine biodiversity is protected.
- Stakeholder participation: The formulation of the regulations process could be promoted by engaging local communities, industry stakeholders, and environmental professionals to make it more transparent and accountable.
- R&D: Innovative research in sustainable technologies and practices of maritime resources can be promoted to mitigate practical environmental effects.[8]
- Regional cooperation: The cooperation structures with neighbours should be widened to discuss the transboundary issues of maritime pollution and best maritime governance practices.
Conclusion
The challenge of environmental impact posed by maritime activities in India is multifaceted, thus requiring coordinated governmental, industry, and community responses. The available legal framework provides a necessary starting point in addressing these matters. However, effective implementation, followed by compliance, determines if sustainability in maritime activities shall be achieved. India can continue exploiting its maritime resources’ economic potential while protecting its marine ecosystems by prioritising environmentally responsible practices, enhancing regulatory enforcement, and fostering greater community engagement. It elaborates on the environmental implications of maritime activities in India by putting particular emphasis on legal and strategic frameworks that have the potential to minimise those effects. As current times call for fast turns to reduce the impact of climate change, a sustainable maritime economy has to feature on national agendas at its peak.
[1] Kumar A, ‘Naval Operations and Maritime Environmental Issues: Role of India’ (Legal Service India – Law, Lawyers and Legal Resources, 2018) <https://legalserviceindia.com/legal/article-12895-naval-operations-and-maritime-environmental-issues-role-of-india.html#:~:text=A%20strong%20legal%20and%20policy,and%20the%20National%20Biodiversity%20Act.> accessed 9 November 2024
[2] Pandey S and Rajora G, ‘(PDF) Study of Climate Change and Maritime Security Law with Special Reference to India and the Indian Ocean’ (Researchgate, 2023) <https://www.researchgate.net/publication/372678640_Study_Of_Climate_Change_And_Maritime_Security_Law_With_Special_Reference_To_India_And_The_Indian_Ocean> accessed 9 November 2024
[3] John P. Rafferty, 9 of the Biggest Oil Spills, Britannica, https://www.britannica.com/ 11
list/9-of-the-biggest-oil-spills-in-history (Last visited on 09.11.2024).
[4] Basu P, ‘Maritime India: The Quest for a Steadfast Identity’ (orfonline.org, October 2024) <https://www.orfonline.org/research/maritime-india-the-quest-for-a-steadfast-identity> accessed 9 November 2024
[5] McCabe R, ‘Full Article: Environmental Drivers of Maritime Insecurity’ (Taylor & Francis Online: Peer-reviewed Journals, 2023) <https://www.tandfonline.com/doi/full/10.1080/14678802.2023.2256251> accessed 9 November 2024
[6] Joy J, ‘Maritime Security of India: Capabilities and Challenges’ (Electronic Journal of Social and Strategic Studies, 2021) <https://www.ejsss.net.in/uploads/172/13501_pdf.pdf> accessed 9 November 2024
[7] Inga Vesper, Shipping Pollution hotspots mapped with real time data. SciDevNet, 30 9 August, 2017. https://www.scidev.net/global/news/shipping-pollution-hotspots-mappeddata/.
[8] parthasarathy MrR and Bhat Prof (Dr. ) S, ‘Shipping Industry in India and Its Environmental Law …’ (CMR University Journal for Contemporary Legal Affairs, 2021) <https://www.cmr.edu.in/school-of-legal-studies/journal/wp-content/uploads/2022/02/03-Shipping-Industry-in-India-and-its-Environmental-Law-Challenges.pdf> accessed 9 November 2024
