For the navy tackling pirates is akin to being between the devil and deep blue sea
Going after the Somalian pirates to help maintain the flow of international trade has not been an easy task for the Indian Navy despite having achieved some amazing successes. Entrenched in their bellicose and forthright surveillance garb lies a bizarre dilemma the navy is faced with each time it moves into rescue mode to tackle the pirates’ skiffs or mother vessel and the pirates in order to save the seafarers, ships and cargo captured and held hostage or are under attack.
In the event of having to engage the pirates in any ‘skirmish’, there is always the haunting apprehension of limitless charges and accusations being leveled by insurers, P & I clubs, ship-owners, seafarer’s unions, cargo owners, and others. What then is the possibility of coming out with a clean-chit after such an engagement and, what if there happens to be some mishap?
To put it more succinctly, when approaching a suspect ship it is expected that the naval vessel will generally fire a warning shot at the suspect. If the pirate vessel refuses to respond then another shot is fired across the ship’s bow. Still no response! Then the next plan of action would be to disable the ship. But this means the strong possibility of the navy landing in a big mess with charges being leveled by all and sundry. What follows could be an explosion of allegations / demands.
The grilling session starts thus - the ship owners (even though the navy has saved his vessel): ‘Who authorized you to damage our ship?
The exporter or importer: What right did you have to destroy my cargo?
The insurers: Who is responsible for the damage? The list goes on.
As a result the Indian navy has put in place a procedure which is akin to fighting with one’s hands tied behind one’s back. Much of the control of any such operation is left with the shore command according to the Chief of Staff HQWNC, Vice Admiral Pradeep Chauhan. “We dispatch units based upon information available to us through the international bodies or through our own sources. But having got that, obviously every ship will be required to investigate the situation and determine the action that needs to be taken whether it should be punitive or preventive. May be in many cases it is not only a matter of sinking the ship / mother ship but also may end in capturing pirates or releasing hostages.
“It isn’t exactly the way one thinks, however. What happens when we approach a suspect ship and challenge those on board? We have to determine whether there are hostages on board or not. If we determine that there are hostages the new position is that we will now refer the matter back to the shore authorities through our immediate command who will instruct us accordingly. There are therefore many ways of tackling the situation.”
Firing however is not the better option according to him. If the naval ship was to approach the mother ship and challenge it and receive fire in response, it is considered a time for engagement. A proportionate force is brought to bear. The action therefore is taken only now in an auxiliary fashion related to dealing with issues when faced (by fire).
“We are simply dealing with people who engage us by firing at us and we will respond back,” says Chauhan. “In the process of responding back we may end up in a situation a) where pirates are captured; or b) the ship is sunk and the hostages are released unharmed.”
Consequently, the government of India gives full freedom to the Indian Navy but it does not give the freedom to its commanding officers to enjoy very large latitude by a corollary he avers. The Government of India will not allow a situation where collateral damage to human beings or to cargo is left entirely to the discretion of the person in command. That is achieved because fire has been delivered on the investigating ship.
There is also the paradox which the Navy faces. “In 1950 if the Indian Navy was asked to defend India’s international trade it was possible to do so,” says Vice Admiral Chauhan. “But today with only 8 per cent of India’s foreign trade being carried on Indian bottoms and the rest by foreign flag ships, I don’t know how to go about defending our trade.”