Guarding the Coasts: Understanding India's Territorial Waters under Maritime Law

India with its vast coastline stretching over 7,500 kilometers, holds a significant position in the global maritime landscape. The waters surrounding its landmass are not merely empty expanses but are subject to a complex web of international and national laws that define its sovereignty and jurisdiction. Central to this legal framework are the concepts of "territorial waters," "contiguous zone," "exclusive economic zone (EEZ)," and "continental shelf," all of which delineate India's rights and responsibilities in its maritime domain.

The Foundational Principle: Sovereignty over Territorial Waters

At the very core of maritime law, as it applies to India, is the concept of territorial waters. This forms the initial belt of sea measured outwards from the nation's baseline. Under international law, particularly the United Nations Convention on the Law of the Sea (UNCLOS) of 1982, to which India is a signatory, every coastal state has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles from its baselines.

For India, this means that the waters extending 12 nautical miles from its coast are considered an integral part of its territory, exercising full sovereignty over the airspace above these waters, as well as their seabed and subsoil. This sovereignty is akin to the sovereignty a nation holds over its land territory. Within its territorial waters, India has the exclusive right to regulate all activities, including navigation, fishing, research, and resource exploitation.

The Baseline: The Starting Point

Defining the baseline is crucial for accurately measuring the breadth of territorial waters. Generally, the baseline for measuring the breadth of the territorial sea is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal State. However, for coasts that are deeply indented and cut into, or if there is a fringe of islands along the coast in its immediate vicinity, a coastal State may employ the method of straight baselines joining appropriate points. India, like many other nations with irregular coastlines, utilizes a combination of these methods to establish its baselines.

Rights and Responsibilities within Territorial Waters

While India exercises full sovereignty over its territorial waters, this is not absolute in all respects. UNCLOS provides for the right of "innocent passage" for foreign ships through the territorial waters of a coastal state. This means that foreign vessels can traverse these waters so long as their passage is continuous and expeditious, and not prejudicial to the peace, good order, or security of the coastal State. Activities like fishing, polluting, or any act aimed at interfering with the coastal State's communication or security systems would constitute non-innocent passage and can be prohibited. Submarines and other underwater vehicles are required to navigate on the surface and show their flag while in innocent passage.

India, through its various laws and agencies, including the Indian Navy and the Indian Coast Guard, is responsible for enforcing its laws within these waters, ensuring the safety of navigation, preventing pollution, and protecting its maritime interests.

Beyond Territorial Waters: A Glimpse at Extended Jurisdictions

While territorial waters represent full sovereignty, India's maritime jurisdiction extends further:

• • Contiguous Zone (24 nautical miles from the baseline): Beyond the territorial waters, India can exercise control necessary to prevent infringement of its customs, fiscal, immigration, or sanitary laws and regulations within its territory or territorial sea.
• • Exclusive Economic Zone (EEZ) (200 nautical miles from the baseline): In its EEZ, India has sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone.
• • Continental Shelf: India also has sovereign rights over its continental shelf for the purpose of exploring it and exploiting its natural resources, which can extend beyond 200 nautical miles under specific geological conditions.

In conclusion, India's territorial waters are a critical component of its national security and economic well-being. Governed by a robust legal framework, these waters represent a zone of full sovereignty, balanced by the international right of innocent passage. Understanding these legal nuances is paramount for safeguarding India's maritime interests and ensuring harmonious navigation and resource management in the vast expanse of the Indian Ocean.