India puts final touches on claim doubling its area under the sea

India is in the advanced stages of finalising its claim on the continental shelf under the sea — in accordance with provisions of a UN law...

India is in the advanced stages of finalising its claim on the continental shelf under the sea — in accordance with provisions of a UN law — that will almost double the country’s sea area but also, and more significantly, could go a long way in resolving a key territorial dispute with Pakistan.

Sir Creek, a 96-km strip of water which opens into the Arabian Sea and divides the Rann of Kutch in India and Sindh in Pakistan, has been one of the most ticklish issues between the two countries. Pakistan claims the whole of the creek while India’s position is that it should be divided mid-channel. It’s because of this dispute that the maritime boundary between India and Pakistan has not been demarcated since the reference point for maritime boundary has to be on the base coastline.

However, India and Pakistan are now understood to be working backwards to resolve this issue — try to fix the maritime boundary first and then reach the landmass. It’s in this context that the decision as to how much of the continental shelf India claims becomes very important.

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The continental shelf is the natural prolongation of the land territory under the sea until the end of the continental margin. According to the United Nations Convention on Law of the Seas (UNCLOS), of which India is a signatory, a coastal country can claim exclusive rights for exploiting mineral and non-living resources in the continental shelf provided it does not extend beyond 350 nautical miles (648 km) from the baseline.

However, in this region, India’s fishing rights are restricted to the Exclusive Economic Zone, that is 200 nautical miles (370 km) from the base coastline which works out to roughly 2.1 million square km.

The determination of how far the continental shelf extends and what is a rightful claim is a very complex issue and scientists and surveyors have worked over years to arrive at a figure that they now think is justified and realistic. Sources say the claim can be around 1.5 million square km which, if granted, will make the total sea area under India’s control approximately equal to its total land area of 3.28 million square km.

Besides the economic and strategic benefits, the determination of continental shelf would also lead to the resolution of the Sir Creek dispute. A decision on the claim would imply an understanding between the two countries on the maritime boundary. The idea is to then work backwards from there and reach a point on the coastal baseline. Experts believe that once the maritime boundary is settled, the disputed area would reduce in size from about 200 square miles now to roughly 25 square miles.

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A note regarding India’s claim on the continental shelf is currently in circulation for inter-ministerial consultations following which it will be sent to the Cabinet. India has until November 2009 to make this claim before UNCLOS. Meanwhile, a joint survey by India and Pakistan is currently underway in Sir Creek.