How Are Maritime Boundaries Established Under Indian Law?

Maritime boundaries define the spatial extent of a nation’s sovereignty and jurisdiction over sea areas, essential for resource management, security, and international relations. India establishes its maritime boundaries based on national laws and international legal principles, primarily guided by the United Nations Convention on the Law of the Sea (UNCLOS).

Legal Framework for Maritime Boundaries in India

Maritime Zones of India Act, 1976

The principal legislation defining India's territorial sea (up to 12 nautical miles), contiguous zone (up to 24 nautical miles), exclusive economic zone (EEZ, up to 200 nautical miles), and continental shelf limits.

United Nations Convention on the Law of the Sea (UNCLOS), 1982

India is a party to UNCLOS, which provides internationally accepted norms for maritime boundary delimitation, including baselines, territorial seas, EEZs, and continental shelves.

Baseline Determination

India uses straight baselines drawn from appropriate points along its coast, including islands, as defined under the Maritime Zones of India Act and UNCLOS rules.

Maritime Boundary Delimitation Agreements

India negotiates bilateral treaties with neighboring countries (e.g., Bangladesh, Sri Lanka, Maldives, Myanmar) to delimit maritime boundaries peacefully.

Dispute Resolution Mechanisms

In case of disputes, India may resort to international adjudication bodies such as the International Tribunal for the Law of the Sea (ITLOS) or the International Court of Justice (ICJ).

Sovereign Rights and Jurisdiction

India exercises sovereign rights over natural resources in its EEZ and continental shelf, and jurisdiction for customs, immigration, and pollution control in its territorial sea and contiguous zones.

Publication and Notification

India officially notifies maritime zones and boundary agreements to the United Nations and other relevant bodies.

Practical Implications

• Enforcement of maritime security and anti-smuggling operations within defined boundaries.
• Management of fisheries, offshore oil, and mineral exploration.
• Regulation of shipping and environmental protection in maritime zones.

Challenges

• Overlapping claims and maritime boundary disputes with neighboring countries.
• Technical difficulties in baseline and boundary delineation in complex coastal geographies.

Example

India and Bangladesh signed a maritime boundary agreement in 2014 after years of negotiations and an ITLOS verdict. The process included:

• Delimiting the territorial sea and EEZ boundaries in the Bay of Bengal using equidistance and equitable principles.
• Ratification and exchange of treaties by both countries.
• Notification to the United Nations and updating nautical charts.
• Cooperative management of maritime resources and joint patrolling in agreed zones.
• Setting a precedent for peaceful resolution of maritime disputes in the region.