360° UPSC Mains Analysis

Strait of Hormuz

The regions span tropical monsoon climates in Southeast Asia to arid desert climates in the Middle East. Geologically, the South China Sea and Malacca regions lie near active tectonic boundaries (Eurasian, Indo-Australian, and Philippine plates) prone to seismic activity, while the Strait of Hormuz is situated near the Zagros fold-and-thrust belt.

The analyzed geography encompasses critical maritime choke points and marginal seas connecting the Indian and Pacific Oceans, as well as the Persian Gulf. These waterways are defined by narrow channels, shallow depths in key straits, and complex archipelagic baselines that necessitate international legal frameworks like UNCLOS 1982.

These maritime zones are of paramount economic importance, carrying over one-third of global seaborne trade and serving as primary conduits for Middle Eastern oil and gas to East Asian and European markets. They also contain significant untapped offshore hydrocarbon reserves and rich marine fisheries, governed under UNCLOS Part XI (Articles 136-137) for deep seabed resources.

Under Schedule 7 of the Constitution of India, maritime jurisdiction and international relations fall under the Union List (List I). Specifically, Entry 14 (entering into treaties and agreements with foreign countries and implementing of treaties, agreements and conventions with foreign countries) and Entry 21 (piracy and crimes committed on the high seas or in the air; offences against the law of nations committed on the land or the high seas or in the air) empower the Central Government to legislate and govern maritime zones.

Maritime trade constitutes nearly 95% of India's trade by volume and 70% by value, making UNCLOS transit rights vital for export competitiveness. India's energy security is highly vulnerable to chokepoints, relying on the Strait of Hormuz for 40% of crude oil, 50% of LNG, and 90% of LPG imports. Adherence to UNCLOS ensures dispute resolution and open sea lanes, facilitating trade with major partners in Europe, the US, and East Asia.

UNCLOS provides the legal framework under Article 56 for India's Exclusive Economic Zone (EEZ) of over 2.3 million sq. km, directly supporting the 'Blue Economy' which contributes to GDP. Disruptions in maritime chokepoints like the Strait of Hormuz, which handles 40% of India's crude oil and 50% of LNG imports, can trigger supply-side inflation (CPI) and widen the current account deficit (CAD). Stable maritime governance under UNCLOS ensures secure trade routes, safeguarding India's forex reserves and fiscal stability.

The primary sector (fisheries and marine aquaculture) and the tertiary sector (shipping, logistics, and port services) are directly impacted. The secondary sector, particularly petroleum refining and manufacturing, relies heavily on uninterrupted maritime supply chains. India's major ports handled a record 915.17 million tonnes of cargo in FY 2025-26, highlighting the sector's scale.

Ensures livelihood security for over 4 million coastal fishers and maritime workers by protecting India's EEZ rights under UNCLOS Article 56. Uninterrupted maritime trade prevents supply chain bottlenecks, stabilizing consumer prices for essential commodities like edible oils and fuel. It also supports employment generation in shipbuilding and port-led industrialization under the Sagarmala programme.

Historically, maritime governance was dominated by the 17th-century 'freedom of the seas' doctrine (Mare Liberum), which limited national jurisdiction to a narrow 3-nautical-mile territorial belt. Post-World War II, unilateral claims by coastal states over continental shelves and fisheries disrupted this status quo, creating a legal vacuum. This prompted the United Nations to initiate codification efforts to balance the sovereign rights of coastal states with the navigational freedoms of maritime nations.

Following independence, India actively participated in the UNCLOS negotiations to protect its vast coastline and maritime interests. In 1976, India enacted the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976, establishing its domestic maritime boundaries ahead of the final UNCLOS treaty. India signed UNCLOS in 1982 and formally ratified it on June 29, 1995, consistently advocating for a rules-based maritime order while asserting its right to require prior consent for foreign military activities in its Exclusive Economic Zone (EEZ).

The tension between Mare Liberum (free seas) and Mare Clausum (closed seas) has historically shaped global maritime conflicts, such as the 17th-century trade rivalries between the Dutch and British empires. Today, this parallel is visible in the South China Sea disputes and the friction between the US and coastal states like India over Freedom of Navigation Operations (FONOPs) in Exclusive Economic Zones.

India's freedom struggle emphasized sovereign control over national resources and opposition to colonial exploitation. Post-independence, this anti-colonial ethos drove India to champion the cause of developing nations (G-77) during UNCLOS negotiations, ensuring that deep seabed resources were designated as the 'common heritage of mankind' rather than being monopolized by technologically advanced Western powers.

Deep-sea mining regulated under UNCLOS Part XI poses severe threats to fragile benthic ecosystems, such as those in the Clarion-Clipperton Zone (CCZ) of the Pacific Ocean. The physical destruction of the seabed, along with the release of toxic sediment plumes and noise pollution, can permanently damage unique hydrothermal vent communities and deep-sea ecosystems that have extremely slow recovery rates.

Deep-sea exploration and environmental monitoring rely on advanced marine technologies such as Autonomous Underwater Vehicles (AUVs), Remotely Operated Vehicles (ROVs), and high-resolution sonar mapping. Additionally, the study of marine genetic resources (MGRs) under the BBNJ framework involves high-throughput DNA sequencing and bioinformatics to discover novel biochemical compounds for pharmaceutical and industrial applications.

The deep ocean acts as a critical global carbon sink, sequestering vast amounts of anthropogenic carbon dioxide. Disrupting the deep seabed through mining or unregulated shipping (such as the 'dark fleet' mentioned in the article) can impair the ocean's natural carbon sequestration capacity, thereby exacerbating global warming and hindering the goals of the Paris Agreement.

This directly aligns with SDG 14 (Life Below Water), which advocates for the conservation and sustainable use of oceans, seas, and marine resources. Implementing robust environmental regulations for seabed mining and curbing illegal shipping activities support a sustainable 'Blue Economy' that balances economic growth with ecological preservation.

Maritime disputes and lack of adherence to UNCLOS (e.g., in the South China Sea or Indian Ocean) directly impact the safety and livelihoods of traditional fishermen, who face harassment, detention, or loss of fishing grounds. It also affects global supply chains through critical straits like Hormuz or Malacca, leading to inflation in essential commodities, thereby impacting the cost of living and dignity of the poorest global citizens.

Article 21 of the Indian Constitution (Right to Life and Livelihood) protects the rights of traditional fishermen to access marine resources without arbitrary state or international interference. Article 48A of the Indian Constitution (DPSP) mandates the State to protect and improve the environment, which extends to marine ecosystems and coastal zones. Internationally, UNCLOS Article 136 declares the international seabed area and its resources as the 'common heritage of mankind', aligning with global human rights principles of equity and intergenerational justice.

As a policymaker or administrator, one would face the conflict of 'Development vs. Conservation'—balancing the economic exploitation of deep-sea resources (seabed mining) for national development against the ethical imperative of preserving the 'common heritage of mankind' and protecting marine ecosystems. Additionally, there is a dilemma of 'National Sovereignty vs. Global Equity'—prioritizing national strategic/economic interests versus adhering to international laws (UNCLOS) that promote global cooperation and equitable resource sharing.

Coastal communities, traditional fishers (often belonging to Economically Weaker Sections), and indigenous populations depend heavily on the Exclusive Economic Zone (EEZ) and marine resources for their livelihood. Unregulated deep-sea mining or maritime disputes directly threaten their food security, economic stability, and traditional way of life. Furthermore, climate change-induced sea-level rise and marine pollution disproportionately impact these vulnerable coastal populations.