What Are Territorial Waters Under Indian Maritime Law?

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Under Indian maritime law, territorial waters are defined as the waters extending up to 12 nautical miles from the baseline (the low-water line along the coast) of India's coastline. These waters fall within India’s sovereign jurisdiction, meaning that India has full control and authority over the resources, navigation, and enforcement of laws within this zone. The concept of territorial waters is crucial for managing maritime activities, including shipping, fishing, customs, immigration, and environmental protection. The Indian legal framework aligns with international treaties, especially the United Nations Convention on the Law of the Sea (UNCLOS), to regulate these waters.

What Are Territorial Waters Under Indian Maritime Law?

Definition of Territorial Waters (Section 3 of the Indian Maritime Zones Act, 1976)

Under the Indian Maritime Zones Act, 1976, territorial waters are the waters extending up to 12 nautical miles (approximately 22.2 kilometers) from the baseline of the Indian coastline. This area is considered part of India’s sovereign territory, meaning India exercises full rights and authority over it, just like land territory. India has jurisdiction to enforce laws concerning fishing, shipping, immigration, security, and environmental protection within these waters.

Baseline for Territorial Waters (Section 2 of the Indian Maritime Zones Act, 1976)

The baseline is the starting point for measuring the extent of territorial waters. Typically, the low-water line along the coast is used as the baseline, although for areas with irregular coastlines or archipelagic states, the baseline may be drawn differently. The baseline helps in determining the limits of territorial waters and is critical for demarcating boundaries with neighboring countries.

Sovereignty and Jurisdiction

Within its territorial waters, India has full sovereignty and jurisdiction, similar to its rights over its land territory. This means India can:

  • Regulate navigation of vessels (both domestic and foreign).
  • Enforce national laws concerning activities such as fishing, shipping, and pollution control.
  • Prevent and penalize illegal activities like smuggling, piracy, and drug trafficking.
  • Protect the marine environment and natural resources found within these waters.

Rights of Foreign Vessels

Foreign ships have the right to innocent passage through India’s territorial waters as per the provisions of international law. According to the United Nations Convention on the Law of the Sea (UNCLOS), foreign vessels can navigate through India’s territorial sea as long as they do not violate India’s sovereignty, security, or laws related to customs, fishing, or pollution control.

The right of innocent passage allows foreign vessels to pass through territorial waters, but they must do so in a manner that is not prejudicial to the peace, good order, or security of the coastal state. India can, however, suspend this right in specific situations for reasons related to security or other national concerns.

Enforcement of Laws in Territorial Waters

India’s authorities have the right to enforce national laws in its territorial waters, including but not limited to:

  • Customs and immigration controls, ensuring that no illegal activities like smuggling or human trafficking occur.
  • Environmental regulations that protect the marine ecosystem from pollution caused by ships or other industrial activities.
  • Search and seizure operations in cases of illegal fishing, piracy, or drug trafficking.

The Coast Guard and naval forces are empowered to act within these waters to ensure national security and maritime safety.

Importance and Function of Territorial Waters

National Security

Territorial waters are critical to a country’s national security as they serve as the first line of defense against maritime threats such as piracy, smuggling, and unauthorized military incursions. India’s Coast Guard and navy exercise full control over these waters to prevent security breaches.

Marine Resource Management

India has sovereign rights over marine resources within its territorial waters, including fish stocks, minerals, and marine biodiversity. The government can regulate fishing practices and implement conservation measures to ensure sustainable use of these resources.

Environmental Protection

India is responsible for protecting its marine environment within its territorial waters. This includes preventing marine pollution, such as oil spills, plastic waste, and other environmental hazards. India must also comply with international conventions like the MARPOL Convention to reduce maritime pollution.

Examples of Territorial Waters Under Indian Maritime Law

Innocent Passage of Foreign Ships

A foreign commercial vessel traveling from Sri Lanka to Mumbai passes through India’s territorial waters. Under UNCLOS, the vessel is allowed to pass through Indian waters as long as its passage is innocent, meaning it does not pose a threat to India’s security or peace.

Fishing Rights in Territorial Waters

India’s fishermen are allowed to fish within India’s territorial waters. However, foreign fishing vessels must obtain permission to fish in India’s territorial sea. Violations such as illegal fishing or exceeding the permissible catch limits can result in penalties or confiscation of the vessel.

Coastal Security Operations

India’s Coast Guard frequently conducts operations to patrol and safeguard territorial waters. In cases of suspected smuggling or piracy, the Coast Guard may detain or inspect vessels in Indian territorial waters.

Legal Protections and Actions for Stakeholders

Foreign Vessels

Foreign vessels must comply with India’s laws when passing through Indian territorial waters, especially regarding customs and environmental regulations. Innocent passage is the general rule, but violations could lead to restrictions or detainment.

Fishermen and Fishing Companies

Indian fishermen must operate within the designated fishing zones of India’s territorial waters and adhere to national fishing regulations. Foreign fishing vessels must acquire a fishing license to operate in India’s territorial sea.

Environmental Monitoring

Environmental agencies and maritime authorities ensure that activities within India’s territorial waters adhere to sustainability standards, ensuring that commercial activities, such as shipping and fishing, do not harm the marine environment.

Answer By Law4u Team

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