The Piracy Bill was introduced in Lok Sabha on April 24, 2012. According to the Statement of Objects and Reasons, there has been a significant increase in attacks by pirates, particularly in the Gulf of Aden and off the coast of Somalia. This has affected security of maritime traffic and personnel plying between Asia, Europe and Africa. Moreover, enhanced naval presence in the Gulf of Aden is now causing pirates to shift operations close to India’s Exclusive Economic Zone. As a result, a number of Somali pirates are presently in the custody of Indian police authorities. However, since piracy as a crime is not included in the Indian Penal Code (IPC), this has led to problems in prosecution. The Piracy Bill intends to fill this gap and provide clarity in the law. The Bill, if passed by Parliament, would extend to the entire Exclusive Economic Zone of India (EEZ). Under international law, EEZ is a seazone over which a country has special rights for exploration and use of marine resources. It stretches outward from the coast, up to 200 nautical miles into the sea. The Bill defines 'piracy' as any illegal act of violence or detention for private ends by the crew or passengers of a private ship or aircraft on high seas or at a place outside the jurisdiction of any State. This definition is akin to the definition of piracy laid down under the 'United Nations Convention on the Law of the Sea'. The Bill seeks to punish piracy with imprisonment for life. In cases where piracy leads to death, it may be punished with death. It also provides that if arms, ammunition are recovered from the possession of the accused, or if there is evidence of threat of violence, the burden of proof for proving innocence would shift to the accused. The Bill empowers the government to set up designated courts for speedy trial of offences and authorizes the court to prosecute the accused regardless of his/ her nationality. It also provides for extradition. You can access the Bill text here.
The convention for passing Bills in the Parliament is by orally communicating agreement or disagreement with the proposed motion (whether a Bill should be passed or not, for example). When a motion is put to vote the speaker says, 'Those in the favour of the motion say Aye and those opposing it say No.' According to the voice vote, the Speaker decides whether the Bill is accepted or negated by the House. If a member is not happy with a voice vote, it can be challenged and a division can be asked for. The procedure for division entails the Speaker to announce for the lobbies of Parliament to be cleared. Then the division bell rings continuously for three and a half minutes and so do many connected bells all through Parliament House and Parliament House Annexe. MPs come from all sides into the chamber and the doors are closed. The votes are recorded by the Automatic Vote Recording Equipment. For example, in the Winter Session of the Parliament, four appropriation bills (financial Bills) were passed by voice vote amidst the interruptions from the opposition and two bills i.e. The Orissa (Alteration of Name) Bill, 2010 and The Constitution (One Hundred and Thirteenth Amendment) Bill, 2010 (Amendment of Eighth Schedule) were passed through division. For these Bills the voting took place together. The votes recorded were: 298 ayes and 0 noes.