By Nardeep Chawla
Introduction
Indian Ocean plays a significant role in the global maritime trade and more than 80% of world’s maritime oil trade passes through this region. In terms of significance of this ocean, it is said that the region is the future[1] as the past was Atlantic Ocean and Pacific Ocean as for a long time, the western countries such as United States, Europe and a major manufacturing hub i.e., China have conducted a majority of maritime trade through the Pacific and Atlantic Oceans.[2]
The significance of India in the Indian Ocean Region (IOR) has grown over the past several decades especially after India’s new policy of international diplomacy under the Modi government which focused on helping the countries in IOR and establishing cooperation. This policy is termed as SAGAR (Security and Growth for All in the Region). Though the focus of this policy is providing maritime security to the states located in the IOR, until now the outcome has largely been confined to Humanitarian and Disaster Relief (HDR) efforts for island states such as Maldives, Mauritius, Madagascar, Comoros and Seychelles.[3]
A major part of both India’s and China’s trade passes through the ‘Nine Degree Channel’[4] located towards south-east of Indian mainland and north-west of Maldives, a former friend and now a foe. Two decades ago, China realised the strategic importance of the Indian Ocean and since then the communist giant with world’s largest naval force[5] with over 360 ships in the force, started executing ‘String of Pearls’ strategy[6] which essentially plans to cut off Indian interests in the IOR by controlling ports of allies located in the Indian Ocean.
This research paper will majorly focus on the immense need for providing security in the IOR and the increasing role of India to do so, it will also explore the reasons behind success or failure of some of the initiatives taken by the Indian state to fulfil that role and will broadly also cover the challenges such as the Chinese’s efforts to be the superpower to go to in the same region and beyond.
Background
In early march, Minister of Defence, Mr. Rajnath Singh remarked at an event that India has emerged as first responders and preferred security partner in the IOR.[7] Further he stated that India is committed to ensuring that no one exercises hegemony in the region therefore on 15 March, 2024, the Indian Navy conducted an intense maritime operation which successfully captured 35 pirates and freed 17 crew of a hijacked vessel which was originally a merchant vessel named MV Ruen and carried the flag of Malta.[8] This operation was executed near the coast of Somalia and 2,600 km away from mainland India which comes of the backdrop of India’s Operation Sankalp Phase 2 being launched in January 2024 as a response to the growing threat of piracy in the Indian Ocean.
The first phase of Operation Sankalp was launched in 2008 but since, 2018 there was a reduced piracy which resulted into the Indian Ocean being removed from the High-Risk Area list in 2023.[9] The relaunch of the old initiative was needed to not only counter the increased number of piracy activities in the region but also to effectively address the offensive launched by the Iran backed Houthi’s in the Yemen who have attacked merchant vessels in Red Sea using drones and ballistic missiles. International community has blamed the instability in the Red Sea as a cause of growing Somali pirate activities in the Gulf of Eden which is located in the IOR, as majority of focus of providing maritime security has shifted to Red Sea thereby creating a void for both the pirates and the Indian Navy to fill.[10]
In the last 100 days of Operation Sankalp, the Indian Navy has responded to 18 incidents involving drone hit vessel’s call for help and the piracy attempts in IOR. The Indian Navy has played the role of ‘First Responder’ and ‘Preferred Security Partner’ in the Indian Ocean Region.[11] The Indian Navy chief, Admiral R Hari Kumar remarked that India will take affirmative action to ensure safer Indian Ocean Region. He further said that “it is Navy’s responsibility to protect the region as it is named after the country.” The statements made by old and wise Admiral underlined the power the Navy has assumed in the region. By ultimately quoting the famous Spiderman dialogue, “with great power comes great responsibility”.[12] This effectively means that the nation is trying to become the preferred superpower in the region.
Anti-piracy operations in the high seas
The legality of naval operations in the territorial sea or contiguous zone cannot be questioned as the coastal state exercises full sovereignty over the territorial waters and limited sovereignty over the contiguous zone which extends up to 24 nautical miles[13] including 12 nautical miles of territorial sea from the coast.[14] The same is applied to High Seas as well which is beyond the 200 nautical miles of exclusive economic zone of any state,[15] where the warships of a state are only subject to jurisdiction of the flag state[16] and are not free but also encouraged to conduct anti-piracy measures as they have the right to visit any ship which is a suspected pirate vessel according to the United Nations Convention on Law of the Seas (UNCLOS).[17]
Section 7 of the Maritime Anti – Piracy Act, 2022 which is an Indian domestic legislation, purely focused to counter piracy in the seas, talks about arrest of persons and seizure of ship and property in the High Seas.[18] Admiral Kumar in his press conference after the MV Ruen operation highlighted the importance of the new legislation as the apprehended pirates will be tried under the domestic legislation and further remarked that this legislation has been a great enabler of the Indian Navy.[19] Before the enactment of the domestic law, the pirates were usually disarmed and left adrift in the high seas but the recent arrest of 35 Somalian pirates will be tried under the new law and will become the first case.[20] Another case under the new law is of the Iranian fishing vessel which was rescued on 29th March 2024 and the Indian Navy again successfully conducted brisk rescue operation which resulted into arrest of 9 Somali pirates who would be brought to India for trial.[21]
Sagar: a success or failure?
Apart from conducting maritime operations in the high seas, another way to establish dominance in the seas is through diplomatic ties with the states located in the ocean. According to a declassified research document by the Central Investigation Agency (CIA) of the United States, India has pursued the strategy of providing aid and support to island states in the IOR such as Maldives, Mauritius, Sri Lanka, Comoros, Seychelles, etc to establish itself as the go-to partner for security in the region.[22]
‘Security and Growth for All in the Region’ or SAGAR was a strategy launched by India in 2015 under the leadership of the Prime Minister Narendra Modi with a goal of becoming the regional security provider and to counter the Chinese presence in the IOR. SAGAR seeks to support these nations’ efforts in climate resilience and humanitarian assistance and disaster relief (HADR), while also attending to the cyber security requirements of partner Indo-Pacific nations. In order to facilitate and strengthen ties with friendly Southeast and South Asian nations, India has also increased the export and gift of specific defence-related goods and equipment to them.
While India has tried its best to make SAGAR work, it still has largely failed to leave a mark on the global stage of maritime dominance in the IOR which best can be seen from the Maldives episode, which has stabilised once again over last few weeks. The reasons for failure or ineffectiveness of this strategy are both domestic and international. Domestically, the low budget allocation to Ministry of External Affairs (MEA) has been a major issue, the MEA’s whole budget, broken down by percentage, has the lowest amount allocated to “Technical and Economic Cooperation,” which is the foundation for carrying out SAGAR projects. Due to these budget constraints, India has also significantly lowered its aid allocation for nations in IOR.[23]
India’s SAGAR plan finds it challenging to compete with China’s well-thought-out, well-funded, and more clearly defined high-speed BRI project. Although SAGAR has a vision, it does not have the resources or a path to carry it out. India’s SAGAR policy will ultimately fail in the absence of crucial economic adjustment, a streamlined domestic political system, and the required backing from its quad partners. To sum up, in order to meet its SAGAR targets, India needs to increase its budget and raise money from a number of important allies.
Conclusion
While it is no doubt that India’s role in the IOR and Indo-Pacific Ocean is growing, it certainly has not been maximised and still needs a revision in strategy. The Maldives’ move to withdraw Indian troops from its territory and pro-China stance by the new government has put a dent into India’s aspirations of becoming the regional superpower. Certainly, a one-off instance does not define the future India’s maritime policy in the IOR but a more concerning issue is China’s consistent efforts to sway the countries located in IOR to its influence by offering long term loans or have them join BRI (Belt & Road Initiative). While India lacks the economic resources to match BRI, India has chosen an alternative path which is to provide Humanitarian and Disaster Relief Assistance (HDR) to the states in IOR and somewhere down the line, hope that these states remember these efforts. It still largely remains to be seen, who will win in this battle for maritime and regional supremacy by providing security and other incentives but from a bird’s eye view, this seems like it’s a challenge that would define India’s future in the global power rankings. However, things seem positive considering the recent successes enjoyed by the Indian Navy in the IOR by proving security to the maritime shipping lanes and thus not just growing its footprint but also claiming a seat at the big boy’s table.
[1] Jeffrey, C. (2019) The Indian Ocean Region may soon play a lead role in World Affairs, The Wire. Available at: https://thewire.in/world/the-indian-ocean-region-may-soon-play-a-lead-role-in-world-affairs#:~:text=Around%2080%25%20of%20the%20world’s,passes%20through%20the%20Indian%20Ocean (Accessed: 09 July 2024).
[2] United States Maritime Expansion across the Pacific during the 19th Century, U.S. Department of State. Available at: https://history.state.gov/milestones/1830-1860/pacific-expansion (Accessed: 09 July 2024).
[3] Tambi, R. (2023) India’s ambitions in the Indian Ocean Region, South Asian Voices. Available at: https://southasianvoices.org/indias-ambitions-in-the-indian-ocean-region/ (Accessed: 09 July 2024).
[4] Subbu, C.B.R. (2012) Geostrategic Importance of India’s Island Territories and Implications for National Security, United Service Institute of India. Available at: https://www.usiofindia.org/publication-journal/geostrategic-importance-of-indias-island-territories-and-implications-for-national-security.html (Accessed: 09 July 2024).
[5] Mainardi, B. (2021) Yes, China has the world’s largest navy. that matters less than you might think., The Diplomat. Available at: https://thediplomat.com/2021/04/yes-china-has-the-worlds-largest-navy-that-matters-less-than-you-might-think/ (Accessed: 09 July 2024).
[6] Ghosh, S. (2020) CHINA’S STRING OF PEARL STRATEGY: A THREAT TO INDIA’S SECURITY, Journal of Critical Reviews. Available at: https://www.jcreview.com/admin/Uploads/Files/621f8a1c9fca42.40337397.pdf (Accessed: 09 July 2024).
[7] Mishra, R. (2024) India as a Net Security Provider in the Indo-Pacific: Ambitious but Attainable, The Diplomat: Available at: https://thediplomat.com/2024/04/india-as-a-net-security-provider-in-the-indo-pacific-ambitious-but-attainable/ (Accessed on 18 August 2024)
[8] Peri, D. (2024) Indian Navy’s 40-hour operation: Pirates shot down Navy’s drone, Marine Commandos airdropped, The Hindu. Available at: https://www.thehindu.com/news/national/40-hour-indian-navy-operation-in-arabian-sea/article67961302.ece (Accessed: 09 July 2024).
[9] Singh, M. (2024) ‘India will ramp up assets to secure Indian Ocean Region,’ says Navy chief, The New Indian Express. Available at: https://www.newindianexpress.com/cities/delhi/2024/Mar/24/india-will-ramp-up-assets-to-secure-indian-ocean-region-says-navy-chief (Accessed: 09 July 2024).
[10] Singh, A. (2024) The revival of Somali piracy in the Gulf of Aden, orfonline.org. Available at: https://www.orfonline.org/research/the-revival-of-somali-piracy-in-the-gulf-of-aden#:~:text=Attacks%20on%20merchant%20ships%20are,Eden%20to%20the%20Red%20Sea. (Accessed: 09 July 2024).
[11] Singh, M. (2024) Indian Navy’s ongoing maritime security operations under aegis of ‘op sankalp’: India news – times of India, The Times of India. Available at: https://timesofindia.indiatimes.com/india/indian-navys-ongoing-maritime-security-operations-under-aegis-of-op-sankalp/articleshow/108729204.cms (Accessed: 09 July 2024).
[12] Singh, M. (2024) ‘India will ramp up assets to secure Indian Ocean Region,’ says Navy chief, The New Indian Express. Available at: https://www.newindianexpress.com/cities/delhi/2024/Mar/24/india-will-ramp-up-assets-to-secure-indian-ocean-region-says-navy-chief (Accessed: 09 July 2024).
[13] United Nations Convention on Law of Seas, 1994, Article 33.
[14] United Nations Convention on Law of Seas, 1994, Article 3.
[15] United Nations Convention on Law of Seas, 1994, Article 87.
[16] United Nations Convention on Law of Seas, 1994 ,Article 95.
[17] United Nations Convention on Law of Seas, 1994, Article 110.
[18] Section 7 of the Maritime Anti-Piracy Act 2022.
[19] Singh, M. (2024) Will take affirmative action to ensure safer Indian Ocean Region: Navy chief on anti-piracy Operations, The Indian Express. Available at: https://indianexpress.com/article/india/navy-chief-safer-indian-ocean-region-anti-piracy-operations-9230388/ (Accessed: 09 July 2024).
[20] Arrested after heroic ops by Indian Navy, ‘pirates of Somalia’ set to taste India’s newest Anti-Piracy Act (2024) Eurasian Times. Available at: https://www.eurasiantimes.com/first-in-a-decade-india-to-prosecute-somalian/amp/ (Accessed: 09 July 2024).
[21] Navy to bring 9 Somali pirates who hijacked Iranian vessel with Pakistani crew to India: India News – Times of India (2024) The Times of India. Available at: https://timesofindia.indiatimes.com/india/navy-to-bring-9-somali-pirates-who-hijacked-iranian-vessel-with-pakistani-crew-to-india/articleshow/108892818.cms (Accessed: 09 July 2024).
[22] India’s Navy and its indian ocean strategy (1988) Central Intelligence Agency. Available at: https://www.cia.gov/readingroom/docs/CIA-RDP89S01450R000300330001-8.pdf (Accessed: 09 July 2024).
[23] Choudhary, L.R. (2023) Assessing India’s Sagar Plan: Challenges override prospects, South Asian Voices. Available at: https://southasianvoices.org/assessing-indias-sagar-plan-challenges-override-prospects/ (Accessed: 09 July 2024).
Centre for Maritime Law 