For Prelims: United Nations Convention on the Law of the Sea (UNCLOS), Exclusive Economic Zone (EEZ), Territorial Waters, Contiguous Zone, Full form of FONOPs, Full form of UNCLOS, US FON Programme started, India's rank in US FONOPs challenges (1991-2025)
For Mains: Strategic autonomy; Legal-diplomatic balancing; Paradox of cooperation and contestation; UNCLOS and customary international law
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Why in the news?
The United States conducted three Freedom of Navigation Operations (FONOPs) challenging India's maritime claims in fiscal year 2025, the highest annual number recorded against India since 1991. This occurs despite deepening India-US naval cooperation, highlighting a persistent legal-strategic divergence over interpretations of the United Nations Convention on the Law of the Sea (UNCLOS) concerning prior consent for military activities in Exclusive Economic Zones (EEZs) and prior notification for warships.
Summary
- US challenged India's maritime claims three times in FY2025, the highest single-year count since public records began in 1991.
- Key disputes include India's requirements for prior consent for military exercises in its EEZ and prior notification for warships in territorial waters, which the US contests under its interpretation of international law.
- India ranks 7th among 75 countries most frequently challenged by US FONOPs, with the pattern suggesting operational frequency may be influenced by the broader bilateral strategic relationship.
Highlights
Highest Annual Challenge
The US conducted three FONOPs against India in FY2025, the highest single-year count since 1991.
Core Legal Disputes
The US contests India's requirements for prior consent for military exercises in its EEZ and prior notification for warships entering territorial waters.
Strategic Paradox
Despite these operational challenges, India-US naval cooperation has expanded significantly with platforms like P-8I aircraft and agreements like LEMOA and COMCASA.
Context / Background
The US Freedom of Navigation (FON) Programme, begun in 1979, aims to challenge 'excessive maritime claims' by coastal states that Washington believes restrict freedom of navigation and overflight under international law. While the US has not ratified UNCLOS (adopted 1982), it recognizes many of its provisions as customary international law. The programme uses diplomatic protests and military operational assertions to demonstrate non-acceptance of unilateral restrictions.
Core Analysis & Implications
The three assertions against India in FY2025 targeted straight baselines around Lakshadweep, prior consent for military activities in the EEZ/continental shelf, and prior notification for vessels carrying hazardous cargo. India ranks 7th globally in US FONOPs challenges, ahead of allies like Japan and South Korea. The divergence in US operational frequency against China post-2016, coinciding with strategic competition, suggests FONOPs are not purely legal but reflect the broader bilateral political environment. For India, this creates a paradox: deep naval integration (P-8I, MH-60R, LEMOA, COMCASA, CMF membership) coexists with fundamental legal disagreements over maritime sovereignty.
Future Outlook / Way Forward
India's policy response, as suggested in the analysis, should combine legal clarity, diplomatic consistency, and periodic review of maritime cooperation. This includes systematically recording US challenges, clarifying India's legal position publicly, reviewing costs/benefits of participation in US-led arrangements like the Quad or Combined Maritime Forces, investing in indigenous Indian Ocean security architecture (IONS, IORA, IFC-IOR), and diversifying maritime partnerships to maintain strategic autonomy while engaging with the US.
Background GK
Textbook concepts you need to understand this news
- United Nations Convention on the Law of the Sea (UNCLOS)
- The international agreement that defines the rights and responsibilities of nations concerning their use of the world's oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources. It was adopted in 1982 and came into force in 1994.
- Exclusive Economic Zone (EEZ)
- A sea zone prescribed by UNCLOS over which a state has special rights regarding the exploration and use of marine resources, including energy production from water and wind. It stretches from the baseline to 200 nautical miles (370 km) from the coast.
- Territorial Waters
- A belt of coastal waters extending at most 12 nautical miles (22 km) from the baseline of a coastal state. The state has full sovereignty over these waters, including the airspace above and the seabed below, subject to the right of innocent passage for foreign vessels.
- Contiguous Zone
- A band of water extending from the outer edge of the territorial sea to up to 24 nautical miles (44 km) from the baseline. Within this zone, a state can exert limited control to prevent or punish infringement of its customs, fiscal, immigration, or sanitary laws and regulations within its territory or territorial sea.
Facts to remember
Tap a card to see the answer. Try to recall it first.
How exams will ask this
- Data: 3 FONOPs against India in US FY2025 (highest annual count since 1991).
- Nodal Body: United Nations Convention on the Law of the Sea (UNCLOS).
- Legal Point: India's Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976.
Don't make this mistake!
They may ask about the 'number of FONOPs in a recent year' (3 in FY2025) or India's 'global rank' (7th). A trap could be stating the US has 'ratified' UNCLOS (it has not) or confusing the start year of the US FON Programme (1979, not 1982). Another trap could be swapping the nature of disputes, e.g., saying the US supports prior notification for warships (it opposes it).
Write these in mains answers
- Strategic autonomy
- Legal-diplomatic balancing
- Paradox of cooperation and contestation
- UNCLOS and customary international law
Practice questions
Pick an answer, then read the explanation.
- Q1Easy
The United States Freedom of Navigation Programme, which challenges excessive maritime claims, was initiated in which year?
Explanation: As per the article, the US Freedom of Navigation (FON) Programme began in March 1979. 1982 is the year UNCLOS was adopted, and 1991 is when publicly available records of such operations began.
- Q2Hard
Consider the following statements regarding the US Freedom of Navigation Operations (FONOPs) against India:
- 1.In fiscal year 2025, the US conducted three FONOPs challenging Indian maritime claims, which was the highest annual number recorded against India since 1991.
- 2.The principal US objection is to India's requirement for prior consent for commercial fishing activities within India's Exclusive Economic Zone.
- 3.India requires prior notification for foreign warships entering its territorial waters, a requirement the US contests under its interpretation of international law.
Which of the statements given above is/are correct?
Explanation: Statement 1 is correct as per the article. Statement 2 is incorrect; the US objection is to India's requirement for prior consent for military exercises/manoeuvres in the EEZ, not for commercial fishing. Statement 3 is correct as mentioned in the article. Hence, option C is correct.
- Q3Medium
According to the analysis of US operational assertions from 1991 to 2025, what is India's rank among the countries most frequently challenged by the US Freedom of Navigation Operations?
Explanation: The article states that India ranks seventh among the 75 countries most frequently challenged by the US through FONOPs during the period 1991-2025.
- Q4Medium
What is the primary legal instrument, as per the article, under which India has established requirements such as prior notification for warships, which are contested by the United States?
Explanation: The article explicitly mentions that under India's 'Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976, and subsequent notifications,' New Delhi has established requirements that Washington contests. UNCLOS is an international treaty, not a domestic Indian law by that name.
Frequently asked questions
1. What is the full form of FONOPs?
Freedom of Navigation Operations
2. What is the full form of UNCLOS?
United Nations Convention on the Law of the Sea
3. What is the uS FON Programme started?
March 1979
4. What is the india's rank in US FONOPs challenges (1991-2025)?
7th among 75 countries
5. What is the uS operational assertions (1991-2025)?
616 against 75 countries
6. What is the india's relevant domestic law?
Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976
7. What is the current context (FY2025)?
US conducted 3 FONOPs against India, the highest annual total recorded
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- Original29 October 2026 · Read story
