- 09-Jul-2025
- public international law
The Maritime Zones of India Act, 1976 is a key legislation that defines India's maritime boundaries and lays down the legal framework for the country’s sovereignty over its coastal and marine zones. This Act provides India with the legal authority to exercise its rights and jurisdiction over the territorial waters, Exclusive Economic Zone (EEZ), and continental shelf. It is essential for managing and protecting India's marine resources and ensuring maritime security in line with international conventions such as the United Nations Convention on the Law of the Sea (UNCLOS).
The Act defines India’s territorial waters as extending up to 12 nautical miles from the baseline of the coast. This means that India has full sovereignty over these waters, including the airspace above and the seabed below, subject to certain international rights, such as the right of innocent passage for foreign ships.
The contiguous zone extends up to 24 nautical miles from the baseline, and India has limited jurisdiction in this area. It can enforce customs, immigration, and sanitary laws within this zone, but the sovereignty is not as complete as in the territorial waters. The purpose of the contiguous zone is to prevent infringement of India’s laws in its territory.
The Maritime Zones of India Act establishes India’s Exclusive Economic Zone (EEZ) extending up to 200 nautical miles from the baseline. Within this zone, India has sovereign rights to explore and exploit the natural resources, both living and non-living, of the waters, the seabed, and subsoil. However, it does not have full territorial rights in the EEZ as foreign vessels and aircraft have the freedom to navigate, subject to India’s consent for certain activities like resource exploration.
The Act defines India’s continental shelf as the natural prolongation of its land territory, extending beyond the territorial waters, up to a distance of 200 nautical miles, or to the outer edge of the continental margin if it extends further. India has the exclusive right to explore and exploit the seabed and subsoil resources in this area, including minerals and hydrocarbons, subject to international agreements.
The Act establishes the baseline from which the breadth of the territorial waters and the EEZ is measured. This baseline is drawn along the low-water line along the coast, and it is important for demarcating India’s maritime zones. Delimitation of the boundaries of these zones with neighboring countries is also specified under the provisions of this Act.
The Act provides the legal basis for India to negotiate and agree upon maritime boundaries with neighboring countries. The delimitation of maritime zones with other states is in accordance with the principles of UNCLOS. This includes agreements with neighboring countries such as Sri Lanka, Bangladesh, and Myanmar, among others, for defining and respecting international maritime boundaries.
The Act grants India the legal framework to assert its sovereignty over its marine resources, including fishery resources, oil, natural gas, and other minerals. It enables India to regulate resource exploration and protect its interests in the EEZ and continental shelf.
The provisions of the Maritime Zones of India Act align with the United Nations Convention on the Law of the Sea (UNCLOS), which India ratified in 1995. This helps India maintain consistency with global maritime laws and ensure its rights are protected under international law.
By delineating India’s maritime zones, the Act provides a framework for controlling marine pollution and managing coastal ecosystems. It is a vital tool in regulating shipping, resource extraction, and preventing environmental degradation in India’s territorial waters and EEZ.
The Act plays a critical role in India’s maritime security. By defining its maritime zones, India can enforce laws related to customs, immigration, fishing, and piracy. The Act allows the Indian government to exercise control over activities in its waters, including preventing illegal fishing and other unlawful acts in its EEZ and territorial waters.
The Act provides a foundation for resolving maritime boundary disputes with neighboring countries. It facilitates India’s ability to claim and defend its maritime rights, while also providing a legal basis for the peaceful settlement of any disputes that may arise.
While the Maritime Zones of India Act provides clear guidelines for India’s maritime boundaries, disputes with neighboring countries over the demarcation of zones, especially in areas like the Bay of Bengal, have occasionally surfaced. Resolving these through diplomatic means and international arbitration remains a challenge.
As India seeks to explore more of its maritime resources, ensuring the protection of marine biodiversity and the environment from exploitation and pollution remains an ongoing issue. The Act provides a legal basis for enforcement, but practical challenges persist in monitoring and controlling illegal activities.
In certain areas, there are overlapping claims between India and neighboring countries (such as Sri Lanka and Bangladesh) regarding the extent of the continental shelf or EEZ. These require negotiation and, in some cases, intervention by international tribunals.
Suppose a foreign fishing vessel is found illegally fishing in India’s EEZ, 150 nautical miles from the coast. Under the Maritime Zones of India Act, 1976, the Indian authorities can take the following actions:
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