Context:
India has enacted the Carriage of Goods by Sea Bill, 2025, replacing the Carriage of Goods by Sea Act, 1925, a colonial-era legislation. This reform aims to align Indian maritime trade laws with international conventions and boost the ease of doing business in the shipping sector.
Key Features
- Repeal of 1925 Act: Eliminates outdated provisions rooted in colonial law.
- Incorporation of Hague–Visby Rules:
- Standardizes bills of lading.
- Defines carrier obligations and liabilities clearly.
- Codified Carrier Responsibilities:
- Includes liability for loss/damage, exceptions, and time limits for claims.
- Government Empowerment:
- Centre can adopt emerging international maritime rules via notification.
- Enables faster alignment with future global standards.
- Parliamentary Oversight:
- Ensures executive decisions on international conventions are subject to legislative review.
- Trade Facilitation:
- Supports India’s ambition to become a global maritime logistics hub.
Objectives of the Bill
- Modernisation of Maritime Law: Replaces the 1925 Act with a contemporary legal framework.
- Global Alignment: Adopts Hague–Visby Rules, widely accepted international norms on cargo carriage by sea.
- Ease of Doing Business: Simplifies legal language, reduces ambiguities, and makes India more attractive for maritime trade.
- Future-readiness: Enables India to adopt future international maritime conventions via government notifications.
- Dispute Reduction: Clarifies the roles, responsibilities, and liabilities of carriers, reducing litigations and trade delays.
About Hague–Visby Rules
- A set of international rules that regulate the carriage of goods by sea.
- Originated from the Hague Rules (1924) and revised by the Visby Protocol (1968) and SDR Protocol (1979).
- Formal Title: “International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading.”
- Adopted by many maritime nations to ensure uniformity in carrier liability.