US Freedom of Navigation Ops Against India: Legal

Why in the News?

The United States conducted three Freedom of Navigation Operations (FONOPs) against India in fiscal year 2025, the highest annual number since records began in 1991.

Key Highlights

• The US Freedom of Navigation Programme began in March 1979 to challenge excessive maritime claims.

• India requires prior notification for foreign warships entering its territorial sea, which the US contests.

• India's consent is mandatory for military exercises in its Exclusive Economic Zone (EEZ), opposed by the US.

• 2025 FONOPs targeted Lakshadweep baselines and India's hazardous-cargo notification requirements.

• India ranked seventh in the list of countries facing US FONOPs between 1991 and 2025.

• India's response to the 2025 operations received little public attention.

Know the Basics

• Freedom of Navigation Operations (FONOPs): US naval operations challenging maritime claims considered excessive under international law.

• UNCLOS: The United Nations Convention on the Law of the Sea, adopted in 1982, governs maritime rights and responsibilities.

• Exclusive Economic Zone (EEZ): A sea zone extending up to 200 nautical miles from a coastal state's baseline, granting rights over resources.

Detailed Analysis

India-US Disputes Over Maritime Jurisdiction

• India's Territorial Waters Act, 1976, requires prior notification for foreign warships and submarines entering its territorial sea.

• The US argues that warships enjoy innocent passage without prior authorisation or notification.

• India mandates consent for military exercises in its EEZ and continental shelf, which the US views as EEZ freedoms.

Legal Challenges to India's Maritime Claims

• The US contests India's straight baselines around Lakshadweep and historic-water claims in the Palk Strait and Gulf of Mannar.

• Hazardous-cargo notification requirements and contiguous zone jurisdiction are also points of contention.

• Challenges to baselines may have implications for India's sovereignty over certain waters.

Strategic Implications of FONOPs

• The timing and frequency of FONOPs often reflect bilateral strategic relations alongside legal disagreements.

• India's naval integration with the US includes P-8I aircraft, MH-60R helicopters and MQ-9B drones.

• India joined the US-led Combined Maritime Forces in 2022 and later commanded Combined Task Force 154.

India's Maritime Security Architecture

• India hosts a US liaison officer at the Information Fusion Centre-Indian Ocean Region in Gurugram.

• Indian officers serve at US and Combined Maritime Forces commands, enhancing maritime cooperation.

• India aims to develop an indigenous Indian Ocean maritime-security architecture using IONS and IORA frameworks.

Significance for India

• India must balance strategic autonomy with deepening defence ties with the US.

• Legal disputes over maritime claims could impact India's sovereignty and regional influence.

• UPSC could test this topic under international maritime law or India-US relations in Mains GS-II or GS-III.

• India's response to FONOPs may shape its role in the Indo-Pacific maritime security framework.

Challenges

• India's maritime claims face legal challenges under UNCLOS, which the US has not ratified but partially adheres to.

• India's strategic autonomy may be perceived as compromised due to deep naval integration with the US.

• Limited public discourse on FONOPs may hinder a robust defence of India's maritime claims.

Way Forward

• India should systematically record and assess each FONOP and issue clear legal statements on maritime claims.

• MeA and MoD must ensure cooperation with the US does not imply acceptance of its maritime law interpretations.

• India should strengthen its indigenous maritime-security architecture and diversify partnerships beyond the US.

• Parliament should review and update the Territorial Waters Act to align with current maritime challenges.