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What is 'Contiguous Zone'? Discuss the Indian position on this subject.

Verified Answer

The 'Contiguous Zone' is a maritime zone recognized under international law, specifically defined by the United Nations Convention on the Law of the Sea (UNCLOS III). It represents an area beyond a state's territorial sea where the coastal state can exercise limited functional jurisdiction to prevent and punish infringements of its specific laws.

Definition and Characteristics of the Contiguous Zone:

  • Location: As per Article 33 of UNCLOS, the contiguous zone is an area adjacent to and beyond the territorial sea. The territorial sea extends up to 12 nautical miles (nm) from the baselines.
  • Breadth: The contiguous zone may not extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured. This means it effectively extends for another 12 nm beyond the outer limit of the territorial sea.
  • Purpose/Jurisdiction: Within this zone, the coastal state may exercise the control necessary to:
    1. Prevent infringement of its customs, fiscal, immigration, or sanitary laws and regulations within its territory or territorial sea.
    2. Punish infringement of the above laws and regulations committed within its territory or territorial sea.
  • Limited Sovereignty: Unlike the territorial sea where the coastal state exercises full sovereignty (subject to innocent passage), the contiguous zone is not an area of full sovereignty. The coastal state's jurisdiction here is limited to the specific purposes mentioned above. Other states retain high seas freedoms, such as navigation and overflight, in this zone.

Indian Position on the Contiguous Zone:

India is a signatory and ratifier of UNCLOS III, and its domestic legislation aligns with the provisions of the Convention. The Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 (as amended), defines India's maritime zones, including the contiguous zone.

  • Declaration: Section 5 of the 1976 Act declares that the contiguous zone of India is an area beyond and adjacent to the territorial waters, extending to a line 24 nautical miles from the nearest point of the baselines.
  • Jurisdictional Powers: Within this contiguous zone, India is empowered to exercise all powers necessary to:
    • Prevent and punish the infringement of its customs, fiscal, immigration, and sanitary laws and regulations that are applicable within its territory or territorial waters.
    • Control pollution of the marine environment.
    • Protect its security interests and other related matters.

India's position is fully consistent with international law as codified in UNCLOS. By enacting specific legislation, India has formally asserted its sovereign rights to exercise functional jurisdiction in its contiguous zone for the prevention and punishment of violations related to customs, taxation, immigration, and sanitation, thereby safeguarding its national interests and ensuring the effective enforcement of its domestic laws in its maritime domain.