Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976

The Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 is a landmark piece of legislation that provides the statutory framework for India’s control over its maritime zones. 

This Act clearly delineates the limits of India’s territorial waters, contiguous zone, continental shelf, exclusive economic zone (EEZ), and historic waters. It also outlines the rights and responsibilities of the Central Government in managing these areas in accordance with international law and domestic requirements.

Structure and Key Provisions of Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976

The Act is systematically divided into sixteen sections, each addressing specific aspects of maritime jurisdiction and management. This section-wise breakdown helps in understanding the law’s comprehensive nature.

Section 1: Short Title and Commencement

• Short Title: The Act is officially known as the “Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976.”
• Commencement: While most provisions came into effect immediately upon enactment, specific sections (notably those related to the contiguous zone and the EEZ) were subject to a later commencement as notified by the Central Government in the Official Gazette.

Section 2: Definitions

This section provides the essential definitions that form the basis for the entire Act. The term “limit”, for example, is defined in relation to both the mainland and the islands constituting India’s territory. Such definitions are crucial for establishing the extent of various maritime zones.

Section 3: Sovereignty and Limits of Territorial Waters

• Sovereignty: India’s sovereignty extends to the territorial waters, including the seabed, subsoil, and the airspace above.
• Limit: The territorial waters are defined as extending 12 nautical miles from the baseline.
• Governmental Power: The Central Government is empowered to alter these limits, taking into account international law and state practice, subject to parliamentary approval.

Section 4: Use of Territorial Waters by Foreign Ships

This section delineates the rights of foreign vessels, emphasising the concept of “innocent passage”. Foreign ships, except for warships, are allowed passage provided their movement does not threaten the peace, good order, or security of India. It also provides for conditional entry of warships upon prior notice to the Central Government.

Section 5: The Contiguous Zone

• Definition: The contiguous zone extends 24 nautical miles from the baseline.
• Purpose: In this zone, India can enforce laws related to immigration, customs, sanitation, and other fiscal matters.
• Governmental Authority: The Central Government is authorised to modify the limits of the contiguous zone and extend relevant domestic enactments to this area to ensure effective governance.

Section 6: Continental Shelf

• Definition and Extent: The continental shelf comprises the seabed and subsoil beyond the territorial waters, following the natural prolongation of the land territory or up to 200 nautical miles where applicable.
• Exclusive Rights: India holds full sovereign rights over its continental shelf, particularly concerning the exploration, exploitation, and conservation of its resources.
• Regulation of Activities: The Act mandates that any exploration, research, or construction of installations on the continental shelf must be authorised by the Central Government, ensuring that activities are conducted in a manner that does not compromise India’s rights or marine safety.

Section 7: Exclusive Economic Zone (EEZ)

• Definition and Extent: The EEZ extends 200 nautical miles from the baseline. Within this zone, India enjoys sovereign rights over both living and non-living resources, as well as energy production from natural forces.
• Regulatory Provisions: Activities such as scientific research, construction of offshore installations, and extraction of resources require prior approval or licence from the Central Government.
• Freedom of Navigation: While India exercises significant control over the EEZ, it recognises the rights of foreign vessels to navigate and aircraft to overfly, provided such activities do not interfere with India’s regulatory interests.

Section 8: Historic Waters

This section allows the Central Government to designate certain maritime areas as historic waters. These waters, based on historical usage and longstanding practices, are accorded the same sovereign rights as the territorial waters. The designation of historic waters helps preserve traditional maritime claims and ensures continuity in legal recognition.

Section 9: Maritime Boundaries

• Boundary Determination: The Act provides that maritime boundaries with neighbouring states are to be determined by mutual agreement. In the absence of such agreements, the boundary is drawn on an equidistance basis.
• Publication of Agreements: Any agreement reached is to be published in the Official Gazette, ensuring transparency and legal certainty.

Section 10: Publication of Charts

The Central Government is empowered to publish charts showing the baseline and limits of the various maritime zones. This publication serves as an official reference for both domestic and international stakeholders, facilitating clear and consistent enforcement of the law.

Section 11: Offences

Any contravention of the Act or related notifications is punishable under this section. The law stipulates that offenders may face imprisonment for up to three years, fines, or both. This provision underscores the seriousness with which India treats breaches of its maritime laws.

Section 12: Offences by Companies

• Corporate Liability: This section extends criminal liability to companies and the responsible officers therein. Every person in a position of charge at the time of the offence may be held accountable.
• Defences: However, a defence is available if the accused can demonstrate that the offence was committed without their knowledge or that all due precautions were taken to prevent the breach.

Section 13: Place of Trial

Offences under the Act may be tried at any court where the accused is found, or at a place specifically designated by the Central Government through an official notification. This flexibility is designed to ensure that judicial proceedings can be conducted efficiently and in locations that serve the interests of justice.

Section 14: Previous Sanction for Prosecution

Before any prosecution can be initiated under the Act, the prior sanction of the Central Government is mandatory. This safeguard helps prevent misuse of the law and ensures that prosecutions are brought forward only when necessary and justified.

Section 15: Power to Make Rules

• Rule-Making Authority: The Central Government is authorised to make rules to implement the provisions of the Act. This includes the regulation of activities within the maritime zones, imposition of fees, and the preservation of the marine environment.
• Parliamentary Oversight: All rules and notifications must be laid before each House of Parliament, ensuring that there is legislative oversight over executive actions.

Section 16: Removal of Difficulties

This concluding section empowers the Central Government to address any difficulties that may arise during the implementation of the Act. By issuing orders through the Official Gazette, the government can make temporary provisions to overcome any obstacles without deviating from the core principles of the Act. However, such orders are subject to time limitations and must be laid before Parliament.

Enforcement and Judicial Considerations

Offences and Penalties

The Act provides stringent measures to deter violations. With penalties that include imprisonment, fines, or both, the law aims to maintain strict compliance. The inclusion of corporate liability ensures that companies and their officers take due care in their maritime operations.

Judicial Proceedings

The judicial provisions within the Act are designed to balance effective enforcement with the rights of the accused:

• Designated Places of Trial: By allowing the Central Government to designate trial venues, the law ensures that cases can be handled in a manner that is logistically feasible and legally sound.
• Prior Sanction Requirement: This procedural safeguard is critical in preventing arbitrary or politically motivated prosecutions, thereby upholding the principles of fairness and justice.

International and Environmental Considerations

Alignment with International Law

One of the Act’s notable strengths is its alignment with international maritime law. By setting the territorial waters at 12 nautical miles and the EEZ at 200 nautical miles, the law adheres to widely accepted global standards. This consistency:

• Strengthens India’s position in international maritime negotiations.
• Facilitates cooperation with neighbouring countries in resolving boundary disputes.
• Enhances India’s participation in international forums concerning marine resource management and environmental protection.

Environmental Protection

The Act is forward-looking in its approach to environmental protection. It recognises that:

• Sustainable management of marine resources is essential.
• Strict regulations must govern the exploration, exploitation, and scientific research in the continental shelf and EEZ.
• Measures to prevent marine pollution and preserve the marine environment are critical for the long-term sustainability of India’s maritime interests.

Conclusion

The Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 is a seminal piece of legislation that has helped define India’s maritime jurisdiction and protect its national interests. Through its clear delineation of maritime zones and the robust enforcement mechanisms provided therein, the Act has established a legal framework that balances sovereign rights with international obligations and environmental sustainability.