India, with its vast coastline of over 7,500 kilometers, has always had a
strategic maritime presence. To ensure its sovereign rights over the surrounding
waters and resources, India enacted the Territorial Waters, Continental Shelf,
Exclusive Economic Zone and Other Maritime Zones Act, 1976 , commonly known as
the Maritime Zones Act, 1976 . This Act provides the legal framework for
defining India's maritime boundaries in accordance with international law,
especially the United Nations Convention on the Law of the Sea (UNCLOS) .
Background and Purpose
Before 1976, India relied on colonial-era laws and international customary law to govern its maritime interests.
With increasing global competition for maritime resources, especially oil and gas, it became essential for India
to assert its rights clearly. The Maritime Zones Act was enacted to:
- Define the extent of India's maritime zones
- Assert sovereign rights and jurisdiction over resources
- Provide legal clarity for defense, navigation, resource exploitation, and environmental protection
Key Maritime Zones Defined Under the Act
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Territorial Waters (Section 3)
- Limit: Up to 12 nautical miles (nm) from the baseline (usually the low-water line along the coast).
- Sovereignty: India exercises full sovereignty over this zone, including airspace and seabed.
- Navigation: Foreign ships have the right of innocent passage, subject to Indian laws.
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Contiguous Zone (Section 5)
- Limit: From 12 nm to 24 nm from the baseline.
- Jurisdiction: India can enforce laws related to customs, immigration, sanitation, and security.
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Exclusive Economic Zone (EEZ) (Section 7)
- Limit: Up to 200 nm from the baseline.
- Rights: India has sovereign rights for exploring, exploiting, conserving, and managing natural resources (living and non-living) in the water column and seabed.
- Others' Rights: Other states may conduct navigation and overflight, and lay submarine cables, subject to Indian regulations.
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Continental Shelf (Section 6)
- Extent: Natural prolongation of the landmass up to 200 nm or more (based on geological evidence).
- Rights: India has exclusive rights to exploit resources on and under the seabed, like oil, gas, and minerals.
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High Seas
- Beyond EEZ: No state has sovereignty; governed by international law.
- India's Role: Cooperates in protecting the marine environment and ensuring freedom of navigation.
Importance of the Act
- National Security: Strengthens India's maritime defense by defining its boundaries.
- Resource Utilization: Enables India to claim and manage offshore resources.
- Environmental Protection: Empowers India to prevent marine pollution and conserve biodiversity.
- Strategic Diplomacy: Aligns India with UNCLOS and enhances its role in international maritime affairs.
Recent Developments and Challenges
- India has strengthened naval patrols and surveillance in its EEZ.
- Disputes with neighboring countries (e.g., Pakistan and Sri Lanka) over maritime boundaries require careful diplomacy.
- Climate change and rising sea levels may affect baselines and maritime claims in the future.
Conclusion
The Maritime Zones Act, 1976 is a landmark legislation that secures India's
sovereign and economic interests at sea. As global maritime challenges grow, the
Act remains crucial for ensuring India's legal rights and responsibilities in
the Indian Ocean and beyond. With strategic foresight and international
cooperation, India continues to safeguard its maritime legacy for future
generations.
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