- 12-Jul-2025
- Marriage and Divorce Laws
Maritime law in India is a dynamic field that governs shipping, navigation, and various marine activities within Indian waters and beyond. Indian maritime law draws from both national and international sources, as well as customary practices. It is designed to ensure safe, efficient, and lawful operations at sea, addressing issues such as cargo disputes, marine pollution, shipowner liabilities, and dispute resolution. Several key sources, including national legislation, international treaties, and judicial precedents, contribute to the body of maritime law in India.
Indian maritime law is primarily shaped by national statutes passed by the Indian Parliament. These laws are designed to regulate shipping and maritime activities within India’s jurisdiction. Key legislative sources include:
This Act empowers Indian courts to exercise admiralty jurisdiction over maritime claims, including ship arrests, maritime liens, and disputes arising from shipping contracts. It gives effect to India’s commitment to recognize international maritime law principles and streamlines the process for dealing with maritime disputes in Indian courts.
The Merchant Shipping Act is a cornerstone of India’s maritime legal framework. It covers a wide range of topics, including registration of ships, ownership, crews, maritime safety, and liability. The Act also addresses collision liability, wreck removal, and enforcement of international maritime conventions in India.
This law implements the Hague-Visby Rules in India and governs the rights and responsibilities of carriers and shippers for goods transported by sea. The law applies to all contracts involving the carriage of goods on vessels and includes provisions for liability in case of cargo loss or damage.
This Act regulates the construction, operation, and management of ports in India. It lays down the framework for controlling port authorities, port dues, and navigational safety in Indian ports.
This Act defines the jurisdiction of India over its territorial waters, continental shelf, exclusive economic zone (EEZ), and the high seas. It is based on India’s commitment to the United Nations Convention on the Law of the Sea (UNCLOS).
India is a signatory to various international conventions and treaties that influence maritime law. These conventions establish global standards for shipping, marine safety, and environmental protection. Some important international conventions include:
UNCLOS is a foundational international treaty that governs the rights and responsibilities of states regarding the use of the world’s oceans. India is a signatory to this convention, which defines the legal framework for issues such as maritime boundaries, navigational rights, environmental protection, and dispute resolution.
The IMO has established a series of conventions to regulate shipping safety, pollution prevention, and maritime security. Notable IMO conventions adopted by India include:
This convention, to which India is a signatory, sets the rules for the liability of shipowners in the event of oil pollution caused by a ship.
The Hague-Visby Rules are international conventions governing the liability of carriers in maritime shipping, particularly concerning cargo damage and loss. India adheres to these rules through the Carriage of Goods by Sea Act, 1925.
Indian maritime law is significantly shaped by court decisions and judicial precedents. The Indian judiciary, particularly the High Courts and the Supreme Court of India, has played an essential role in interpreting maritime laws, resolving disputes, and aligning domestic practices with international legal standards. Key case law in maritime matters helps clarify the application of the law and the rights of stakeholders such as shipowners, cargo owners, and crews.
Indian courts have the authority to handle maritime claims, including ship arrest, cargo disputes, and injury claims under admiralty jurisdiction. Judicial decisions on these matters have shaped how maritime law is interpreted and applied in India.
Indian courts have also played a key role in addressing jurisdictional conflicts in maritime disputes, particularly regarding the enforcement of international treaties and handling of cross-border maritime claims.
In addition to formal national laws and international conventions, customary maritime law also plays a role in shaping the practice of maritime activities in India. Customary law includes practices and procedures that have developed over centuries of maritime trade and shipping. Although not codified, these customs often serve as a guide for resolving issues that fall outside the purview of statutory law or international treaties.
Under the Admiralty Jurisdiction and Powers of Courts Act, 2017, the Bombay High Court recently dealt with a case where a foreign-owned vessel was arrested in Indian waters to satisfy a claim. This case demonstrated the practical application of admiralty jurisdiction in India.
Following incidents of oil spills, Indian authorities have invoked provisions under international conventions like MARPOL and the Civil Liability Convention to hold shipowners accountable for pollution damage, as seen in the aftermath of maritime disasters along India’s coasts.
Shipowners and cargo owners should be aware of their rights and liabilities under India’s admiralty jurisdiction. This includes the possibility of ship arrest to secure claims.
Indian shipping companies must comply with IMO conventions on safety and pollution control to avoid penalties and ensure their vessels meet international standards.
For cargo owners, understanding the provisions of the Carriage of Goods by Sea Act, 1925 is crucial, particularly with respect to claims for cargo loss or damage during transit.
Answer By Law4u Team
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