PIRACY, NAVAL ENFORCEMENT, AND PROSECUTION: INDIA–US COMPARATIVE LEGAL FRAMEWORK UNDER UNCLOS

AUTHOR – SHIVIKA JADAUN* & DR. NIKUNJ YADAV**

* STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

BEST CITATION – SHIVIKA JADAUN & DR. NIKUNJ YADAV, PIRACY, NAVAL ENFORCEMENT, AND PROSECUTION: INDIA–US COMPARATIVE LEGAL FRAMEWORK UNDER UNCLOS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 617-623, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

High seas piracy is among the most endemic problems to international maritime security, international trade and freedom of navigation. Although there has been improved technology and the use of coordinated naval patrols, the cases of piracy have been reported in strategic sea routes like the Gulf of Aden, Arabian Sea, and the Western Indian Ocean. This article discusses the piracy, naval enforcement and prosecution in the comparative legal approach of India and United States based on the United Nations Convention on the Law of the Sea. It assesses the interpretation and acts of international obligation of the two countries in regards to suppression of piracy, universal jurisdiction, apprehending of offenders and criminal prosecution. Whereas India depends on domestic laws like the Maritime Anti-Piracy Act, the United States employs old federal laws on piracy and has the military capability to back it up. The paper identifies the gaps in enforcement, lack of evidence, and conflict of jurisdiction, as well as the necessity to further enhance international collaboration to deal with changing threats of maritime piracy.