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Maritime Security & Defence Issues: India At Crossroads A Legal Perspective




Sneha & Sandra Jini Saju, BA-LL.B, Christ Academy, Institute of Law, Bengaluru

ABSTRACT

Contemporary India’s maritime security is threatened through the ardent agenda of Pakistan and China. Pakistan’s ‘concept of operations’ in the Arabian Sea which is duly supported by China and also highly technologies Chinese naval force which would affect the India’s economic and security interests. The General M. M. Naravane, the head of the Indian Army, stated at his yearly press conference in January that "There is greater cooperation between Pakistan and China, both in military and non-military domains. We must be prepared to handle a crisis with two fronts. Other top Indian military chiefs have acknowledged the two-front threat, but the nation's political elite has remained silent in public. A primary and secondary front should be identified, according to the Indian military strategy for handling a two-front conflict, which has been advocated by numerous military leaders in the past ten years. The Indian military would assume a more offensive posture against one adversary (in all likelihood, Pakistan) while holding the defences, and a simultaneous threat of limited military punishment against the other (China) to prevent a loss of territory. A war fought on two fronts would also use up a lot more ammunition, necessitating the immediate availability of far larger stores of both ammunition and spare parts. India has made little progress in enhancing its arsenal, making this one of its main liabilities. India will still be restrained by the possibility of a two-front war because it is the only member of the Quad that is not a treaty ally of the United States and has a land border with China. The only practical diplomatic course of action is for India to try to make peace with either China or Pakistan. A lasting change in the Pakistan narrative seems improbable for the current political leadership in India because it runs counter to their political and ideological goals. India must and should take every precaution to stay out of the trap of preparing for such a war. If not, the Indian military may find itself in an untenable situation where it is resource-constrained, overworked, and exposed. To overcome these cross boarder terrorism India have come up with the Anti-Maritime Piracy Bill, 2019 which enables authorities to take action against piracy in high seas. Under Article 100 to 107 and 110 of UNCLOS sets out the legal framework applicable to combating piracy and armed robbery at sea. Researcher would draws out the consequences of these threats faced by India through case analysis.

Keywords: Maritime Security, Threats, Piracy, Framework, Armed Robbery

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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