About The Authors
This article is written by E Haripriya and Alakananda S Anil , 4th year BA LLB, students of Government Law College, Thiruvananthapuram.
Abstract
Lord Varuna (Ocean) is one of the ancient Hindu deities and is believed to be ‘the monarch of the universe’ by ancient Indians. United Nations Convention for the Law of the Sea (UNCLOS) was signed on 10 December 1982 in Jamaica, as a result of the United Nations Conference on the Law of the Sea, which took place from 1973 to 1982, and came into force in 1994. India traded its goods via sea from ancient period onwards which cannot be dated and hence had its own marine laws from long back. This paper tries to explore the timeline of marine laws in India and India’s stance on contemporary conflicts regarding Law of the Sea.
This paper covers topics like history of marine laws in India (Harappan civilization, Mauryas, Guptas and Cholas and their relevance in the present world), Article 297 of the Constitution of India and India’s position on territorial waters, contiguous zone, continental shelf, Exclusive Economic Zone, Flag State rule and high seas. This paper also briefly discusses about India’s deep sea mining machine ‘Varaha 1’.
Seas are the largest repositories of biodiversity on our planet. They produce resources that sustain human lives, prosperity and health. Destruction of seas will lead to the destruction of the entire world. Hence, legislation like Law of the seas is important in the current scenario.
Key words: UNCLOS, Territorial waters, Contiguous zone, Continental shelf, EEZ, Flag state rule
Introduction
India is the 16th largest maritime country in the world. Currently, Maritime transport in India handles 95% of the trade by volume and 68% by value. India is one of the world’s top 5 ship recycling countries. The government of India has a vision to transform India into a blue economy: Blue Economy emphasizes on integration of development of the ocean economy with social inclusion, environmental sustainability, combined with innovative business models.
India is also developing Varaha 1 for deep sea mining, Varaha-1, a self-propelled seabed mining machine for the collection of polymetallic nodules. Varaha-1 capabilities in collecting, crushing, and transporting these nodules to an intermediate pump station. This paper further discusses about the advancements made by India in maritime trade and the challenges face by the Indian maritime and solutions for the same.
Maritime Trade During Harappan Civilization
Harappans had maritime trade with other regions which is evident from the Harappan seals found in these regions. These regions include Mesopotamia, Oman, Iran etc. The entire coastline of Kutch, Kathiawar, and South Gujarat, covering a distance of 1,400 kilometers, was studded with Harappan ports in the second millennium B.C.[1]An ancient dock with stone anchors were excavated which is the most ancient dock ever discovered. Terracotta models of boats were found in this region. Materials like agate, chert etc. were imported while beads, copper etc. were exported. Harappan seals were found at Ur, Susa, Kish, Asmar, Hama and Gawra. Lothal and Dholavira and Surkotada were the three important port cities of the Harappan civilization out of which the latter two being port cities are disputed.
India’s Maritime History During Vedic Era
India’s maritime history can be also noted in early Vedic texts. Vedic texts, such as the Rig Veda, Shatapatha Brahmana, and others refer to the undertaking of naval expeditions and travel to distant places by sea-routes that were well-known at the time. For example, the Rig Veda (1.25.7) talks of how Varuna has full knowledge of all the sea routes that were followed by ships. Then (2.48.3) we find wherein merchants would also send out ships for foreign trade. 1 Another verse (1.56.2) speaks of merchants going everywhere and frequently to every part of the sea. Another verse (7.88.3-4) relates that there was a voyage by Vasistha and Varuna in a ship skillfully fitted for the trip. Then there is a verse (1.116.3) that tells of an expedition on which Tugra, the Rishi king, sent his son Bhujya against some of his enemies in the distant islands. However, Bhujya becomes shipwrecked by a storm, with all his followers on the ocean, “Where there is no support, or rest for the foot or hand.” From this he is rescued by the twin Ashvins in their hundred-oared galley. Similarly, the Atharva Veda mentions boats which are spacious, well-constructed and comfortable.[2]
Puranas like Matsya purana, Varaha purana, Markandeya purana, Ramayana and Mahabharata also discussed about maritime trade in ancient India.
The Mauryan Empire and Their Maritime Trade
It is evident from ancient textbooks written by pilgrims, seals and sculptures that the Mauryan empire founded by Chandragupta Maurya in 322 BCE maintained relationships with other continents and regions like Israel, Egypt, Persian Gulf etc. by virtue of maritime trade. Megasthenes in his book ‘Indika’ mentions about shipbuilding in the empire. Kautilya in his book Arthashasthra includes details of construction and security of trade routes during those times in addition to recommending guidelines regarding the appointment the Superintendent of Shipping, Port Commissioner, Superintendent of Commerce, Superintendent of Tolls, etc.[3] He also mentions about the import of foreign liquor by kings. Imports included wines, antimony, pearls etc. During this period exports of goods were more predominant than exports. Exports included silk, food grains, timber, spices, textile, indigo etc.
Bharuch on the west coast and Tamralipti on the east coast were the major ports of that time. There were certain rules and regulations regarding maritime trade in the empire. Port officers were entrusted to punish the people who violated these.
Maritime Trade and Guptas
In Gupta era India maintained maritime trade relationship between Sri Lanka, Ethiopia, Byzantine empire, China, Persia, Arabia etc. Trade with Roman Empire declined during this time. Ports along the Gujrati coastline were most prominent.
Cholas and Their Maritime History
Cholas used ships and boats for naval warfare and had a strong naval force. Large capacity ships were used to transport cargo from one port to another. They expanded their maritime affairs after the rulers got prominence which resulted in increased trade, banking and commerce. King Rajendra I conquered the Malay peninsula which includes present day Java. Mamallapuram, Kaverypattinam, Nagappattinnam, Thoothukkudi and Kulachal were the ports built by them to promote trade.
Relevance of the Ancient Indian Laws in the Present
There are many ancient laws which were highly effective in the ancient Era, these laws have helped the ancient kingdoms to generate more revenue from the maritime trade and have also fostered better maritime trade relations. This research paper throws light on the merits of ancient maritime laws, the scope to implement the ancient laws in the current maritime laws and stresses on the need for developing domestic maritime laws which will regulate the affairs related to the sea, fishing, fishermen, marine pollution etc… inside the country’s jurisdiction. For example, the Government’s “Act East Policy” is similar to the “Look East Policy” adopted by the Chola rulers. There existed a vast and flourishing trade between Cholas and Eastern coast of China and Southeast Asia. If such maritime laws are developed, it can make a huge impact on India’s maritime and will decrease the marine pollution.
One of the limitations is that the ancient laws, though it was highly effective in that Era, were based on traditional system and at that time marine pollution, maritime digitalization etc… weren’t present. So, when we apply the ancient laws into the current structure, it is to be reconstructed according to the present-day conditions.
India At Present
During the colonial era, the British developed many marine laws like the Inland steam vessels Act 1917, The Indian merchant shipping Act 1923 etc. to regulate the trade and non-trade activities via sea. After India became independent, the government found that these laws or statutes were not suitable for the current system, as a result the government enacted new rules to improve existing coastal trade practices.
The Indian Ocean is one of the strongest geopolitical and economic forces in the 21st century. According to Article 297 of the Indian constitution, “All lands, minerals and other things of value underlying the ocean within the territorial waters of India shall vest in the Union and be held for the purposes of the Union”. “There are many other regulations on maritime in Indian law: the continental shelf, the EEZ, and other marine zones, determine India’s position on the law of the sea. Indian jurisdiction over the oceans and bottom, as well as the territory and aircraft above those waters, is defined under the Maritime Zone Law. Each point on the boundary line is 12 miles in length from the closest point to the base in an area of the line drawn. All international vessels have the right to pass within territorial waters in an unobstructed manner.” [4]
The government of India has the vision to transfer India to a blue economy. The Union Ministry of Earth Sciences (MoES) is finalizing a National Policy on the blue economy for the country.
The policy seeks for the optimal utilization of all sectors of the maritime domain, from living and non-living resources to tourism and ocean energy for the sustainable development of coastal areas.
The Key recommendations made by the ministry:
1. A national accounting framework for the blue economy and ocean governance;
2. Coastal marine spatial planning and tourism priority;
3. Marine fisheries, aquaculture, and fish processing;
4. Manufacturing, emerging industries, trade, technology, services, skill development;
5. Logistics, infrastructure, and shipping;
6. Coastal and deep-sea mining and offshore energy; and
7. Security, strategic dimensions, and international engagement.
8. A National Blue Economy Advisory Council has been proposed to be set up.
9. It will have the secretaries of relevant ministries and departments as members and include chief secretaries/principal secretaries of the coastal states and representatives from industry.
India’s blue economy: It is a part of the national economy, and it consists of the entire ocean resources system and human-made economic infrastructure in marine, maritime, and onshore coastal zones within the country’s legal jurisdiction.[5]
Coastal states and islands: With some 7,500 kilometers, India has a unique maritime position. Nine of its 29 states are coastal, and its geography includes 1,382 islands.
Ports and Exclusive Economic Zone: There are nearly 199 ports, including 12 major ports that handle approximately 1,400 million tons of cargo each year. Besides, India’s Exclusive Economic Zone of over 2 million square kilometers has a bounty of living and non-living resources with significant recoverable resources such as crude oil and natural gas.
Coastal settlements: The coastal economy sustains over 4 million fisherfolk and coastal communities.
Initiatives Taken by the Indian Government Sagarmala Project:
The vision of the Sagarmala Programme is to reduce logistics costs for export-import and domestic trade with minimal infrastructure investment. The government has identified CEZs in the National Perspective Plan for Sagarmala Programme.
Matsaya Sampada Yojana: It is a scheme focused and sustainable development of the fisheries sector in the country. It aims to bring about the Blue Revolution by harnessing fisheries’ potential in a sustainable and responsible
Polymetallic Nodules: India has received the sanction from International Seabed Authority for deep-sea mining in the Central Indian Ocean. Varaha 1 is a seabed machine developed by the scientists at the National Institute of Ocean technology for the collection of polymetallic nodules. Polymetallic nodules manganese nodules mineral concretions found in the sea bottom, they are formed by the concrete layers of iron and manganese hydroxide. This unique machine is named after the boar avatar of Vishnu, “Varaha”“Unlike Matsya 6000, this one will not have any passengers. Its work is restricted to the collection and pumping of nodules, continuously over prolonged durations, in deep-sea conditions up to 6,000m.”[6]
The blue economy occupies a vital potential position in India’s economic growth. Countries like Australia, Brazil, the United Kingdom, the United States, Russia, and Norway have developed national ocean policies with measurable outcomes and budgetary provisions. Thus, in order to make economic development, India should also make national maritime policies which are effective in nature and has budgetary provision.
Swachh Sagar, Surakshit Sagar started July 5, 2022, it is a 75 days coastal clean-up campaign for cleaning at least 75 beaches along the Indian coast which culminated on September 17, 2022, on ‘International Coastal Cleanup Day’.[7]
Eco Mitram On 17th September 2022, A mobile app “Eco Mitram” has been launched to spread awareness about the campaign and also for the common people for voluntary registration for the beach cleaning activity on that same day.
India’s Position on Continental Shelf
India has declared a continental shelf 200 nautical miles from land. The government can declare the continental shelf and its magical waters for a certain area and take action to regulate it.
Conclusion
India is a developing nation with a strong maritime law. But the laws of our land aren,t strong enough to prevent atrocities like that of the killing of fishermen by Italian Naval officers that happened a few years ago. India should make new laws and strengthen the existing laws inspired by the ancient rules and practices in order to ensure the sovereignty and integrity of the nation and to protect our seas from man-made pollutions.
[1]Rao, S. (1965) Shipping and maritime trade of the Indus people, Expedition Magazine. Available at: https://www.penn.museum/sites/expedition/shipping-and-maritime-trade-of-the-indus-people/ (Accessed: 03 October 2023).
[2]Jijnyasa, S.K. (2015) Ancient indias maritime developments, Ancient Indian Wisdom. Available at: http://ancientindianwisdom.com/contribution-to-science-overview/contributions-to-science/ancient-indias-maritime-developments (Accessed: 03 October 2023).
[3]‘https://sagarmala.gov.in/sites/default/files/A%20look%20at%20how%20the%20Mauryas%20excelled%20in%20sea-borne%20foreign%20trade_0.pdf ’ (no date). Sagarmala Project.
[4]Various laws of sea (2022) Unacademy. Available at: https://unacademy.com/content/nda/study-material/geography/various-laws-of-sea/#:~:text=more%20universal%20framework-,Sea%20Laws,the%20law%20of%20the%20sea. (Accessed: 03 October 2023).
[5] Drishti IAS (2023) Maximising the benefits of India’s Blue Economy, Drishti IAS. Available at: https://www.drishtiias.com/daily-updates/daily-news-editorials/maximising-the-benefits-of-india-s-blue-economy#:~:text=Blue%20economy%20refers%20to%20the,of%20marine%20and%20c (Accessed: 03 October 2023).
[6]Dixit, R. (2022) All you need to know about varaha-1, a Seabed Mining Machine India is developing, The Week. Available at: https://www.theweek.in/theweek/specials/2022/05/15/all-you-need-to-know-about-varaha-1-a-seabed-mining-machine-india-is-developing.html (Accessed: 03 October 2023).
[7] Blue Economic Policy (no date) Press Information Bureau. Available at: https://pib.gov.in/PressReleasePage.aspx?PRID=1845257#:~:text=The%20draft%20Blue%20Economy%20policy,sustainable%20development%20of%20coastal%20areas. (Accessed: 03 October 2023).