Published on: August 07,2021 15:08 IST
By Nishita Makkar
Introduction
Recently, the monsoon session of the Parliament is in operation after the second wave of Covid-19 disease. Sixth session of seventeenth Lok Sabha has commenced from July 19th, 2021 which would be concluded on August 13. On July 21, 2021 a bill named “Inland Vessel Bill, 2021” has been passed by Lok Sabha without any debate.
The Bill has been introduced to replace the century old law “The Inland Vessels Act of 1917” for the regulation of security, safety as well as registration of inland vessels.
Hence, the new law is made to meet this generation development measures and to eliminate the obsolete terms and laws.
Inland Waterways is a big employment providing within itself. From established merchants to small fishermen, many earn a livelihood there. It can give a great economic push to the country.
Also, several rules and regulations have been added and punishments are made more rigorous as per the recent circumstances.
What is the concept of Inland Waterways?
A waterway is said to be any body of water through which navigation can be performed. It means to move from one place to another. According to various researchers the term ‘Inland Waterway’ refers to navigable rivers and canals designed to be used by Inland Waterway Craft only, which is in smaller dimensions to than the seagoing ships.
For a Waterway to be navigable, it must deep enough to accommodate vessels loading and must be free from any hurdles or obstacles like waterfalls.
It should be wide enough and must have a mild flow that is neither too rapid nor too slow. Also, the waves should not generally go over the height of the designed vessels.
‘Waterways’ in a country plays a very crucial part in development and expansion of economic base of any country. It provides a huge tourism as well as market for vessels. Any step taken to increase or in growth of inland waterways can guarantee a large future returns.
What is the Inland Waterways Authority of India?
We know that India has a large extensive network of inland waterways in the form of rivers, canals, backwaters and creeks. The total navigable length is 14,500 km. out of which about 5200 km. of the river and 4000 km. of canals can be used by mechanized crafts.
But freight transportation by the waterways is highly under-utilized in India as compared to other large countries and geographic areas like the United States, China and the European Union which is a huge set-back for the nation.
The total cargo moved (in ton kilometers) by the inland waterway was just 0.1% of the total inland traffic in India, compared to the 21% figure for United States.
Cargo transportation in an organized manner is confined to a few waterways on Goa, West Bengal, Assam and Kerala.
Inland Waterways Authority of India (IWAI) is the statutory authority in charge of the waterways in India which was constituted under IWAI Act-1985 by parliament of India. Its headquarters is located in Noida, U.P.
It does the function of building the necessary infrastructure in these waterways, surveying the economic feasibility of new projects and also administration. Primarily it takes projects for development.
It comes under the Ministry of Ports, Shipping and Waterways, a branch of the government that deals with formation of rules and regulations and laws relating to ports, shipping and waterways as the name suggests.
Currently the head of this ministry is Shri Sarabnanda Sonowal who also represented the Inland Vessels Bill, 2021.
How the Law evolved from Steam Vessels to Mechanical Propellers?
The Inland Vessels Act, 1917 was the principal Act passed under British Raj for the development and exploitation of Indian Waterways. It was enacted when Steam vessels were in vogue.
But after the introduction of oil-fired vessels, the steam vessels as well as their usage have become scarce and even the objective given in the Short Title of the following Act is not in favour with the situation now.
Moreover, the Act has been using the word ‘steam-engine’ for a century which now needs to modified and replaced with ‘mechanically propelled vessel’. Also, there is no provision now to enable the mortgage of a vessel by owners for securing financial assistance for the construction or repair of vessels.
The old Act did not provide any provision in the Act enabling the State Government to take action to clear navigable channels blocked by wreck or other obstruction or by grounding of over drafted vessel though such provisions have been written under the Indian Ports Act, 1908 (15 of 1908). Also, no insurance was provided for passengers for travelling against the risk.
Many such obsolete provisions were in use for a long time and hence there was need to evolve the Act which was only possible by introducing new legislation which could meet the circumstances of the modern era.
What are provisions settled under the new Inland Vessel Bill, 2021?
As we have already gone through various circumstances that lead to replenish the old Act and established a platform for the commencement of the new law called The Inland Vessels Act, 2021[1]
The Act has been passed by the Lower House. This Main objective of the bill is to regulate safety, security as well as the registration of inland vessels.
This bill provides with various features which will help with the development of the inland waterways in the country. The characteristic in the lime light is that the bill is a unified law for the whole country which means no separate rules made by different states would be implemented. This is a step under government’s ONE NATION ONE LAW scheme.
The Bill provides for a Central database for the purpose of recording the details of vessel, vessel registration, crew and other people working on it to be recorded by an electronic portal to ensure the safety of the vessel as well as crew working on it.
Moreover, registration of non-mechanically propelled vessels will also be mandatory in district taluk or panchayat or village level.
It even enlarges the definition of ‘Inland waters’ which also covers tidal water limit and national waterways declared by the Central Government. It also deals with pollution control measures to make the whole process eco-friendly.
Hence, these were some of the features and provisions brought under the new Act which will be both economically as well as environmentally beneficial if implemented correctly.
What are the major steps taken in accordance with this Act?
In India there is 55 million tons of cargo that is being moved annually by IWT (Inland Water Transport), which is fuel efficient and environment friendly mode but the freight transportation in this course is highly underutilized as compared to developed countries but nothing for many years has been done that gives any signs of progress regarding this.
The Indian Waterway Transport has a lot of potential to lessen the burden of the railways and roads. In addition of the cargo movement, this sector also provides a great support and convenience to carriage of vehicles (on Roll-on-Roll-off) also called Ro-Ro mode of cross ferry and tourism.
For this to be implemented efficiently, the waterways would also be linked to the eastern and western Dedicated Freight Corridors (DFCs), a wholly owned subsidiary of Indian Railways, which are initiated under Make In India program.
All the management of DFCs like planning, development, and mobilization of financial resources as well construction is the responsibility of the railways. Also, the Sagarmala project would be linked to promote port-led direct and indirect development.
Moreover, the provisions of the Indo-Bangladesh (Sonamura-Daudkandi) and Indo-Myanmar protocol (Kaladan) which would permit transshipment of goods through Bangladesh and Myanmar waters-which, in many cases, are an expansion of India’s inland waterways that will help to enable easy shipments as well as deeper markets peneteration in India’s North-East. This can prove to be a huge chance for North-India’s growth and progress.
Conclusion
To sum up, this Act can prove to be a great opportunity for India’s Inland Waterway to make a path of progress as it was being underutilized for a long period. The implementation of the Act can proved to be a great fortune to Indian Economy which is lagging behind the developed nations.
The Newly appointed Ports, Shipping and Waterways Minister Sarbananda Sonowal said, “the Bill will ensure safety of navigation, protection of life and cargo and prevent pollution.[2]”
There are so many good features associated with the Bill which can be proved to be a bane for the waterway up-gradation.
It is always said that rules and laws are only good when they can meet the demand of the present situation. Hence, the decision of replenishing the old Act and replacing it with new one is just a part of process called law and justice.
Currently, 4000 km of inland waterways are operational in the country but there is lot of potential to be achieved. But in way to development we should be fully-prepared and that’s why the government has made the bill available to suggestions.
Reference
- PTI, “Lok Sabha clears Inland Vessels bill amid din without debate”, available at: freepressjournal.in ↑
- “Inland Vessels Bill will ensure safety of navigation, protect life : Minister”, available at: .thehindu.com ↑