Section 3 of TWCEEMZA : Section 3: Sovereignty Over, And Limits Of, Territorial Waters

Explanation using Example

Imagine a foreign fishing vessel is found fishing within 10 nautical miles off the coast of India. This area is within India's territorial waters, as defined by Section 3(2) of The Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976, which states that India's territorial waters extend up to 12 nautical miles from the baseline. Since India has sovereignty over this area as per Section 3(1), the Indian authorities have the right to enforce Indian laws, which may include apprehending the vessel and taking legal action against its crew for violating India's territorial sovereignty.

Additionally, if there is a shift in international law or state practice that necessitates a change in the limit of territorial waters, the Indian government has the power to alter this limit. However, as per Section 3(3) and Section 3(4), such a change would require issuing a notification in the Official Gazette and must be approved by both Houses of Parliament before it comes into effect.