India’s Implementation of the United Nations Convention on the Law of the Sea (UNCLOS)

India’s Implementation of the United Nations Convention on the Law of the Sea (UNCLOS): A Journey Through Maritime Governance

India’s relationship with the sea stretches back centuries, shaped by its vast coastline and strategic position in the Indian Ocean. With over 7,500 kilometres of shoreline and a pivotal role in regional maritime affairs, the country has long recognised the importance of a stable legal framework for the oceans. The United Nations Convention on the Law of the Sea (UNCLOS), often dubbed the “Constitution of the Oceans,” provides that framework. Signed in 1982 and entering into force in 1994, UNCLOS sets out rules for maritime zones, resource management, and international cooperation. India, a signatory since 1982 and a party since 1995, has worked to align its national policies with this global treaty. But how has India put UNCLOS into practice? What challenges has it faced, and what successes has it achieved? This paper explores India’s journey in implementing UNCLOS, focusing on its maritime zones, resource exploration, security efforts, and regional cooperation.

Defining Maritime Zones: Sovereignty and Rights

UNCLOS divides the ocean into distinct zones, each with specific rights and responsibilities for coastal states. India has diligently applied these provisions to assert control over its maritime domain. The territorial sea, extending 12 nautical miles from the baseline, falls under India’s full sovereignty. Here, the country regulates navigation, fishing, and environmental protection, ensuring foreign vessels comply with the right of innocent passage—a principle enshrined in UNCLOS that allows ships to pass through without harming the coastal state’s security.

Beyond the territorial sea lies the contiguous zone, stretching another 12 nautical miles. In this area, India exercises jurisdiction over customs, immigration, and sanitary laws. For instance, the Indian Coast Guard often patrols this zone to curb smuggling and illegal migration, reflecting a practical application of UNCLOS rules. Further out, the Exclusive Economic Zone (EEZ) extends up to 200 nautical miles, granting India sovereign rights over living and non-living resources. With an EEZ spanning over 2 million square kilometres, India has tapped into fisheries, oil, and gas reserves, balancing exploitation with conservation.

The continental shelf, another key zone under UNCLOS, allows India to explore and exploit resources up to 200 nautical miles—and in some cases, 350 nautical miles—pending approval from the Commission on the Limits of the Continental Shelf (CLCS). India submitted its claim in 2009, seeking to extend its shelf beyond 200 nautical miles in the Bay of Bengal and Arabian Sea. This move highlights the country’s intent to secure seabed resources like polymetallic nodules and hydrocarbons, aligning with UNCLOS provisions on resource rights.

Resource Exploration: Harnessing the Ocean’s Wealth

India’s implementation of UNCLOS shines brightly in its pursuit of marine resources. The EEZ has become a hub for fishing, supporting millions of livelihoods along the coast. However, overfishing and illegal activities by foreign vessels have prompted stricter enforcement. The government has deployed patrol boats and satellite monitoring to protect these waters, showing a commitment to sustainable resource use as encouraged by UNCLOS.

Beyond the EEZ, India has ventured into the high seas and deep seabed, areas governed by the International Seabed Authority (ISA)—an institution created under UNCLOS. In 2002, India gained pioneer investor status from the ISA, securing exclusive rights to explore polymetallic nodules in the Central Indian Ocean Basin. These nodules, rich in manganese, nickel, and cobalt, hold immense economic potential. By 2021, the country extended these rights for another five years, a testament to its long-term vision. Additionally, India’s Deep Ocean Mission, launched in 2021, aims to explore and extract resources sustainably, reflecting UNCLOS’s emphasis on environmental stewardship alongside economic gain.

Oil and gas exploration in the EEZ and continental shelf further illustrates India’s efforts. The Krishna-Godavari Basin, for example, has yielded significant hydrocarbon finds, bolstering energy security. Yet, these activities require careful regulation to prevent pollution, a duty UNCLOS imposes on states. India has responded by enacting laws like the Environment Protection Act 1986 and strengthening its oil spill response mechanisms, showing a blend of resource ambition and ecological responsibility.

Maritime Security: Safeguarding the Seas

The oceans are not just a source of wealth; they are also a theatre of security challenges. Piracy, terrorism, and territorial disputes test India’s ability to uphold UNCLOS principles. The 2008 Mumbai attacks, launched via sea routes, underscored the need for robust maritime security. Since then, India has bolstered its navy and coast guard, conducting anti-piracy operations off the Horn of Africa and in the Arabian Sea. These efforts align with UNCLOS’s call for states to combat piracy on the high seas, fostering safer global shipping lanes.

Closer to home, India faces maritime boundary disputes with neighbours like Bangladesh and Sri Lanka. The dispute with Bangladesh over the Bay of Bengal was resolved in 2014 through arbitration under UNCLOS Annex VII. The Permanent Court of Arbitration awarded Bangladesh 19,467 square kilometres of the disputed area, while India retained significant portions of its EEZ. This peaceful resolution highlights India’s adherence to UNCLOS dispute settlement mechanisms, avoiding escalation and promoting stability.

The India-Sri Lanka maritime boundary, particularly around Katchatheevu Island, remains contentious. Fishermen from both nations frequently cross into each other’s waters, leading to arrests and diplomatic friction. While UNCLOS provides a framework for delimiting boundaries, historical agreements and local politics complicate enforcement. India has sought bilateral talks to address these issues, showing a pragmatic approach within the treaty’s spirit of cooperation.

Regional Cooperation: A Shared Maritime Vision

India’s implementation of UNCLOS extends beyond its borders through regional initiatives. The Indian Ocean Rim Association (IORA), where India plays a leading role, promotes sustainable ocean use and security—goals that echo UNCLOS objectives. Likewise, the Security and Growth for All in the Region (SAGAR) policy, unveiled in 2015, reflects India’s commitment to a free and open Indo-Pacific, supporting freedom of navigation and overflight as per UNCLOS.

During its 2021 presidency of the UN Security Council, India hosted an open debate on maritime security, chaired by Prime Minister Narendra Modi. The resulting Presidential Statement, the first of its kind, called for stronger cooperation against piracy, trafficking, and terrorism—issues UNCLOS addresses indirectly through state obligations. This move elevated India’s global maritime profile while reinforcing the treaty’s relevance.

India also collaborates with smaller neighbours like the Maldives and Seychelles, providing patrol vessels and training to enhance their maritime capacity. Such assistance aligns with UNCLOS’s emphasis on technology transfer and capacity building, particularly for developing states. By sharing expertise, India strengthens regional resilience, ensuring the Indian Ocean remains a zone of peace and prosperity.

Challenges in Implementation

Despite these achievements, India faces hurdles in fully realising UNCLOS’s potential. Enforcement in the EEZ remains a struggle, with illegal, unreported, and unregulated (IUU) fishing depleting stocks. Limited resources and coordination gaps between agencies like the navy, coast guard, and fisheries department hinder effective monitoring. Strengthening these systems could better align India’s practices with UNCLOS standards.

Environmental protection poses another challenge. Marine pollution from land-based sources, shipping, and industrial runoff threatens India’s coastal ecosystems. While UNCLOS mandates pollution control, implementation lags due to weak enforcement and public awareness. The 2021 oil spill off Mumbai’s coast exposed gaps in response capabilities, urging a rethink of India’s preparedness.

Disputes with Pakistan over the Sir Creek boundary further test UNCLOS’s application. The marshy, shifting nature of the area complicates delimitation, and political tensions stall progress. Although UNCLOS offers arbitration, both nations have preferred bilateral talks, leaving the issue unresolved. This standoff underscores the limits of legal frameworks when geopolitical rivalries intervene.

Successes and Future Prospects

India’s successes under UNCLOS are notable. Its seabed exploration programme has positioned it as a leader among developing nations, while its arbitration with Bangladesh showcases a model for dispute resolution. The country’s growing naval presence and regional partnerships amplify its influence, aligning with UNCLOS’s vision of cooperative ocean governance.

Looking ahead, India must address enforcement and environmental gaps to fully harness UNCLOS benefits. Ratifying the 2023 Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, a new UNCLOS instrument, could enhance its conservation efforts in the high seas. Investing in technology, like underwater drones for resource mapping, and tightening anti-pollution laws would further strengthen its stance.

The oceans hold vast potential, but also demand responsibility. India’s journey with UNCLOS reflects a balancing act—pursuing economic growth, ensuring security, and fostering sustainability. As global maritime challenges evolve, from climate change to resource scarcity, India’s role as a responsible coastal state will only grow. By staying true to UNCLOS principles, the country can lead by example, shaping a future where the seas benefit all.

Conclusion

India’s implementation of UNCLOS reveals a nation striving to assert its maritime rights while meeting international obligations. From defining its zones and tapping resources to securing its waters and building regional ties, India has made significant strides. Challenges like enforcement, pollution, and unresolved disputes persist, yet the country’s proactive stance offers hope. As a maritime power in the Indian Ocean, India’s engagement with UNCLOS not only safeguards its interests but also contributes to global ocean governance. The path forward lies in blending ambition with accountability, ensuring the seas remain a shared treasure for generations to come.

References

• Basu, P., 2022. India’s maritime security strategy: A review of UNCLOS implementation. Maritime Affairs: Journal of the National Maritime Foundation of India, 18(1), pp. 45-62.
• Kumar, R., 2020. Resource exploration in India’s EEZ: Opportunities and challenges under UNCLOS. Ocean Development & International Law, 51(3), pp. 210-228.
• Menon, A., 2019. India and the Law of the Sea: Dispute resolution in the Bay of Bengal. Journal of International Maritime Law, 25(4), pp. 301-319.
• Singh, A.J., 2023. UNCLOS at 40: India’s role in ocean governance. Strategic Analysis, 47(2), pp. 134-150.
• United Nations, 2021. United Nations Convention on the Law of the Sea. Available at: https://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf [Accessed 7 April 2025].