·The Hindu·15 marks·250–350 wordsIR

Evaluate the strategic significance of the Strait of Hormuz for India and the international legal regime governing it.

In this answer
  1. Strategic significance for India
  2. The legal regime governing it
  3. Evaluation of the regime

The Strait of Hormuz, the narrow chokepoint linking the Persian Gulf to the Arabian Sea, is simultaneously India's principal energy artery and a stress-test of the maritime legal order. Its significance is high; the regime governing it is normatively strong but weakly enforceable.

Strategic significance for India

  • Energy security: a large share of India's crude, LNG and LPG has historically transited Hormuz. Government has since diversified sourcing, with roughly 70% of crude imports now arriving from routes outside the Strait against about 55% earlier, drawn from around 40 supplier countries [3].
  • Economic transmission: any closure spikes freight, war-risk insurance and crude prices, feeding directly into inflation, the current account deficit and the subsidy bill.
  • Diaspora and trade: the Gulf hosts India's largest overseas community and is a major source of remittances and trade, all routed past this chokepoint.
  • Naval posture: sustained Indian Navy deployments in the Gulf of Oman for escort and anti-piracy duties reflect the Strait's centrality to India's Indian Ocean strategy.

The legal regime governing it

  • UNCLOS, 1982 — signed at Montego Bay, in force since 1994, with 320 articles governing all ocean space — is the "Constitution for the Oceans" [1].
  • Part III provides that in straits used for international navigation "all ships and aircraft enjoy the right of transit passage, which shall not be impeded" (Art. 38); bordering states "shall not hamper transit passage" and "there shall be no suspension of transit passage" (Art. 44) [2].
  • Transit passage is also customary international law, binding even Iran, which has not ratified UNCLOS.

Evaluation of the regime

  • Strength: it supplies a settled, universal legal vocabulary plus compulsory dispute settlement through ITLOS.
  • Weakness: it lacks enforcement teeth — the Security Council has had to urge immediate restoration of navigation, condemning the waterway's use as a "bargaining chip" [4].

The Strait's legal protection is therefore sound in law but contingent in practice. India's calibrated response — diversified sourcing, strategic petroleum reserves, naval presence and consistent advocacy of freedom of navigation — is the right model, marrying rule-of-law diplomacy with self-reliance.

Sources

  1. 1UNCLOS — Overview and full text, UN Division for Ocean Affairs and the Law of the Sea1982 Montego Bay signing, 1994 entry into force, 320 articles, "Constitution for the Oceans"
  2. 2UNCLOS Part III: Straits Used for International Navigation, Articles 37–44transit passage right, no-hampering and no-suspension duties
  3. 3Statement by Union Minister for Petroleum and Natural Gas in Parliament on Measures to Address Global Energy Supply Disruptions Arising from the Conflict in West Asia, PIBshare of crude sourced outside Hormuz, supplier diversification
  4. 4Security Council: Immediately Restore Freedom of Navigation through Strait of Hormuz, UN Meetings Coverage (SC/16349)waterway's use as a "bargaining chip", enforcement gap
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