Why in the News?

Union Defence Minister recently warned Pakistan against misadventure in the Sir Creek region, stressing India’s resolve to defend its territorial integrity.

About Sir Creek:

• Location & Geography: Sir Creek is a 96-km-long tidal estuary in the Rann of Kutch, forming part of the border between Gujarat (India) and Sindh (Pakistan).
• Physical Features: It flows into the Arabian Sea, with marshy, saline mudflats that provide vital habitat for migratory birds.
• Historical Name: Originally known as Ban Ganga, renamed Sir Creek after a British surveyor, Sir Richard Burton (commonly credited).
• Economic & Strategic Importance: The area hosts rich fishing grounds and potential oil and gas deposits, while being crucial for maritime boundary delimitation and coastal security.

Historical Background of the Dispute:

• 1908 Conflict: Disagreement between the Kutch ruler (British India) and Sindh government over fishing rights and territorial limits.
• 1914 Bombay Government Resolution: Placed the boundary along the eastern bank (favouring Sindh/Pakistan), but also referred to the Thalweg Principle, supporting India’s claim.
  • This principle defines the border along the line of greatest depth of a river’s main navigable channel
• 1924–25 Developments: Boundary pillars were erected and Survey of India maps marked the mid-channel as the boundary, strengthening India’s case.
• Post-Partition Period: Dispute intensified; following the 1965 India–Pakistan war, the Rann of Kutch issue went to a UN-sponsored Tribunal.
• 1968 Tribunal Award: Allocated 90% of the Rann to India but excluded Sir Creek, leaving it unresolved.
• Post-1982 UNCLOS Impact: With the introduction of Exclusive Economic Zones (EEZs), control over Sir Creek gained renewed importance for maritime claims and resource access.

India’s Position:

• Navigability Claim: India asserts that Sir Creek is navigable at high tide, making the Thalweg Principle applicable.
• Legal & Historical Basis:
  • 1925 Resolution and Survey of India maps.
  • Boundary pillars of 1924 marking mid-channel.
  • 1819 Treaty between East India Company and Kutch rulers, showing continued Indian jurisdiction.
• Geographical Argument: India maintains the Rann is land, not water, invalidating Pakistan’s demand for median-line division.
• Strategic Implication: Acceptance of India’s position ensures larger EEZ access, security leverage, and greater control in the Arabian Sea.

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