Answer By law4u team
India’s vast coastline and strategic location require robust maritime surveillance and enforcement mechanisms to protect sovereignty and resources. Maritime trespass by foreign vessels—whether fishing boats, commercial ships, or military vessels—can threaten India’s security, marine resources, and law and order.
Legal Frameworks Governing Maritime Trespass
Territorial Waters and EEZ Jurisdiction
- India claims 12 nautical miles as territorial waters and up to 200 nautical miles as its EEZ, consistent with UNCLOS provisions.
- Within territorial waters, India exercises full sovereignty; in the EEZ, it has sovereign rights for resource exploration and enforcement.
Relevant Indian Laws
- The Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 defines India’s maritime zones and enforcement rights.
- The Coast Guard Act, 1978 empowers the Indian Coast Guard to detect, intercept, and prevent unlawful activities in maritime zones.
- Merchant Shipping Act, 1958 regulates commercial vessels and related offenses.
International Law
India follows UNCLOS guidelines, balancing enforcement with freedom of navigation rights of foreign vessels in international waters.
Enforcement and Procedural Measures
Detection and Monitoring
The Indian Coast Guard, Navy, and Maritime Domain Awareness centres use radars, satellites, Automatic Identification Systems (AIS), and patrols for continuous surveillance.
Interception and Boarding
Suspected trespassing vessels are intercepted by Coast Guard or Navy ships.
Boarding parties inspect vessels to verify identity, cargo, and activities.
Legal Action and Detention
If trespass is confirmed, the vessel and crew may be detained and prosecuted under Indian maritime laws.
Offenders could face fines, imprisonment, or vessel seizure depending on the nature of the violation.
Diplomatic Coordination
India informs the foreign country’s embassy or consulate and engages in diplomatic dialogue to resolve incidents.
Repeated or serious violations may lead to formal protests or international arbitration.
Challenges
- Distinguishing between innocent passage, fishing activities, and illegal trespass requires careful investigation.
- High volume of small fishing vessels from neighboring countries complicates enforcement.
- Need to balance assertiveness with diplomatic sensitivity, especially in disputed or sensitive maritime areas.
Example
In 2016, Indian Coast Guard apprehended several foreign fishing vessels in the Palk Strait for illegal fishing within India’s territorial waters. The vessels were detained, fines imposed, and crews repatriated after due legal process and diplomatic communication with Sri Lanka.
