Historical Evolution of Maritime Boundaries
Maritime boundaries of India have gone through a plethora of alterations based on colonial legacy, international laws and present-day Geopolitical scenario. This section gives an insight of the historical formation of these boundaries with specific reference to the colonial era, immediate post-independence and the development of the current legal systems.
Colonial Period
Earlier, when Britain was controlling India, the precise boundaries of Indian seas were defined based on the colonial strategies of Britain. The major concern lay more in protecting the merchant fleets and naval dominance[1]. The colonial powers paid little attention to the accurate definition of the seaboard being more interested in controlling key coastal and inland areas to facilitate their activities at sea.
From Arabian Sea to Bay of Bengal the Britian controlled sea routes around the Indian Sub-continent till the year 1947.
Post Colonial Period
The issue of demarcation of territory for marine borders gained more importance with the attainment of independence in 1947. The integration of princely states and the establishment of clear maritime boundaries was of concern. The division of India and formation of Pakistan added new challenges especially in demarcating the maritime boundaries in the Arabian Sea and the Bay of Bengal. First attempts were made to implement the national sovereignty over territorial sea and to gain control over maritime assets.
Imperatives of the Cold War and strategic partnerships shaped India’s approach to maritime security. The Cold War era, collapse of the Soviet Union, and strategic partnerships shaped India’s approach to maritime security.
Maritime Legal Disputes of India
India shares its maritime borders with seven nations (Pakistan, Maldives, Sri Lanka, Bangladesh, Myanmar, Thailand, Indonesia), and it boasts a lengthy coastline of approximately 7,500 km. Additionally, its Exclusive Economic Zones (EEZ) span nearly 23, lakh square kilometers.
Having such a huge maritime boundary gives rise to border disputes, some of the maritime border disputes of India are as follows: –
India’s Maritime dispute with Pakistan
The boundary dispute between India and Pakistan over the sea’s centers on the Sir Creek area. A tidal estuary called Sir Creek is located between Sind Province and Gujarat State in Pakistan. The UN Tribunal established the countries’ land borders up to the Western Terminus, but it did not mark the border beyond that point. This has turned into a point of contention between the two nations.
The dispute is mainly on 3 issues:
- The actual demarcation “from the mouth of Sir Creek to the top of Sir Creek”.
- The actual demarcation “from the top of Sir Creek eastward to a point on the line designated on the Western Terminus”.
- Demarcation of maritime boundary between India and Pakistan in Arabian Sea.
According to Pakistan’s perspective, the border is the eastern flank of the creek, or the creek portion of Pakistan, and it is supported by the 1914 agreement between the Government of Sindh and the Rao Maharaj of Kutch.
However, India asserted that the line is between the creeks using the same text and the “thalweg doctrine.” According to the Thalweg doctrine, a border must be drawn halfway through a channel that can be navigated. India also displays the 1914 paper, which states that the pillars that were erected in 1924 were in the midcourse and that the creek is passable during high tides.
Pakistan disputes India’s assertion, arguing that the Thalweg Doctrine can be applied in the event if there are non-tidal rivers.
Another important point is that, Sir Creek frequently changes its course and this creates difficulty in demarcation of boundaries.[2]
India’s maritime dispute with Sri Lanka
India and Sri Lanka have successfully drawn their maritime borders through agreements from 1974 and 1976. Despite this, there has been some uncertainty recently due to certain circumstances with fishermen and Kachchathivu Island.
Problem with Kachchathivu
The boundary line was decided upon using the “modified equidistance line” in the 1974 Agreement. And the island of Kachchathivu was given to Sri Lanka, with specific clauses inserted to permit the island’s continued usage for pilgrimages, the drying of nets, and unrestricted vessel traffic in Palk Bay. However, fishing was not brought up specifically.
Indian fishermen have asserted that the Sri Lankan government has violated their customary fishing rights in the area. However, the agreement makes no mention of these rights. The fishermen in India are furious about this.
In 2014, Tamil Nadu Government petitioned in Supreme Court to nullify the ceding of island to Sri Lanka as it was not approved by Parliament. However, the Indian government made it clear that the island was awarded during the process of settling boundary disputes rather than being relinquished. (In the Berubari Union case, it was decided that parliamentary consent is not necessary for the settlement of territorial issues.)[3]
India’s maritime dispute with Bangladesh
India and Bangladesh had a maritime dispute over the delimitation of the maritime boundary between the two countries. The dispute was over the location of the land boundary terminus between the two countries and determination of the course of the maritime boundary in the territorial sea.
Resolution of India – Bangladesh Maritime Dispute
In 2014, a tribunal of the Permanent Court of Arbitration (PCA) based in the Hague in Netherlands delivered its judgement on the long-standing India and Bangladesh dispute. The issue of controversy in the case was about demarcation of the maritime boundary between Bangladesh and Myanmar in the Bay of Bengal area. The tribunal discussed the within 200 nautical miles and the beyond which includes the territorial sea, the exclusive economic zone, and the continental shelf.
Historical Background
These were the issues of continental shelves and EEZ in Sovereign Rights of Bay of Bengal between Bangladesh and India. This issue attracted attention due to the profuse presence of natural resources in the Bay of Bengal especially hydrocarbons.
Principal Problems
Overlap of Territorial Sea and EEZ
They both analyzed that the two nations claimed overlapping of EEZ and territorial sea resulted to conflicts in the discovery and exploitation of resources.
Continental Shelf Claims
Both countries were to blame for complicating the conflict by overstepping 200 nautical miles into the continental shelf.
Court Cases and Arbitrations
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Consent was reached between the two nations to seek the solution of the dispute under the UN Convention on the Law of the Sea that is international arbitration. Pursuant to the UN Convention on the Law of the Sea of 1982, Bangladesh started an international legal process by filing a case at the Hague based Permanent Court of Arbitration (PCA) in 2009.
Permanent Court of Arbitration (PCA)
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It is an intentionally fabricated international organization aimed at developing arbitration and other dispute solving procedures that involve states only.
Procedural timeline
- The given case of power plant construction in Bangladesh was initiated with the submission of a report to the Permanent Court of Arbitration in the year 2009.
- In the quest for negotiation of GMM with Bangladesh, India responded in the year 2010.
- Considering the facts and arguments of both parties, during the hearings in the period of 2011-2013.
- The PCA was active up to the year 2014 after which there was a final decision made.
Maritime Boundary Agreements
India has signed 12 maritime treaties with neighbors that borders its coast line,
nine bilateral treaties with Maldives (1976), Sri Lanka (1974 and 1976), Indonesia (1974 and 1977), Thailand (1978 and 1993), and Myanmar (1986), and three trilateral treaties with Sri Lanka and Maldives (1976), Indonesia and Thailand (1978), and Myanmar and Thailand [5]
India has entered into maritime boundary agreements with neighboring countries to clearly delineate its maritime zones and avoid conflicts: India has entered into maritime boundary agreements with neighboring countries to clearly delineate its maritime zones and avoid conflicts.
- India-Sri Lanka Maritime Boundary Agreements: These two agreements which were signed in the year 1974 and 1976 look into the demarcation belonging to the Palk Strait as well as the Gulf of Mannar.
- India-Thailand Maritime Boundary Agreement: This is an agreement signed in 1978 that defines the provisions on the delimitation in the Andaman Sea.
- India-Indonesia Maritime Boundary Agreements: These are the IIIMFA signed in 1977 and the MOU in the Andaman Sea and Indian Ocean that was signed in 2014.
Conclusion
Thus, the evaluation of the maritime zones of India demonstrates the intricate interconnection of the historical, legal, and strategic perspectives of the country’s modern maritime system. The shifting from colonial defined territorial to those evolved post –Independence has been significant in defining the maritime jurisdiction of India. International bilateral treaties and treaties as well as the recent case of the Permanent Court of Arbitration that has awarded Bangladesh and India the maritime boundary in the Bay of Bengal escalate the aspect of legal frameworks in the handling of the disputes and demarcation of maritime boundaries.
In addition, various factors including geographical and strategies in the Indian Ocean security and power relations form part of India’s maritime politics. Maritime jurisdiction also encompasses other factors relating to the environment and the economy, such as marine resources use and conservation. Finally, it can be stated that international legal rules are required to regulate the relations and prevent or solve the potential conflicts in the naval context. The purpose of this article is to fortify knowledge pertaining to maritime law both academically and in terms of practice, in order to assist with the improvement of maritime policies that can be implemented in India.
[1] “Maritime History of India – ClearIAS” ClearIAS (November 13, 2023) https://www.clearias.com/maritime-history-india/#maritime-india-the-british-raj
[2]“Explained: Sir Creek Dispute – Civilsdaily” CivilsDaily (May 7, 2020) https://www.civilsdaily.com/news/explained-sir-creek-dispute/
[3] Desk TW, “Explained: The Katchatheevu Island Controversy – The Tribune” The Tribune (April 1, 2024) https://www.tribuneindia.com/news/india/explained-the-katchatheevu-island-controversy-606269
[4] “International Maritime Disputes of India” https://www.legalserviceindia.com/legal/article-3808-international-maritime-disputes-of-india.html
[5] Giles L, “What Are the Maritime Borders of India?” (Geographic FAQ Hub: Answers to Your Global Questions, June 17, 2024) https://www.ncesc.com/geographic-faq/what-are-the-maritime-borders-of-india/
Author: Rohan Sthanu, a student of Amity University Mumbai currently pursuing BBA LLB Hons. Course.
