No Permission Required to Transit Hormuz Under International Law, India’s Shipping Ministry Clarifies

The Ministry of Ports, Shipping and Waterways has issued a firm and legally grounded clarification on the question of access to the Strait of Hormuz, asserting that vessels do not require permission from any country — including Iran — to transit the strategically vital waterway, and that navigation through the strait is governed by established international maritime conventions.

Speaking at a media briefing on Tuesday, Rajesh Kumar Sinha, Special Secretary at the Ministry of Ports, Shipping and Waterways, directly addressed growing confusion in the shipping industry about the legal basis for Hormuz passage, particularly following reports that Iranian authorities were requiring ships to ‘coordinate’ security arrangements with Tehran before being allowed to transit. Sinha was unequivocal: ‘No permission is required to sail through the strait.’

International Maritime Law: The Right of Transit Passage

The legal framework Sinha referenced is Article 38 of the United Nations Convention on the Law of the Sea (UNCLOS), which enshrines the right of ‘transit passage’ through international straits used for navigation — a right that cannot be suspended or conditioned by the bordering state. The Strait of Hormuz, which connects the Persian Gulf to the Gulf of Oman, qualifies as an international strait under UNCLOS, making the right of transit passage applicable to all vessels regardless of flag.

Sinha clarified that while vessels must follow the designated traffic separation scheme — using the correct entry and exit lanes established for the strait — no additional clearance, coordination fee, or permission from Iran or any other bordering nation is required as a matter of international law. The reference is significant given recent reports that Iran was selectively approving Hormuz transits and that some vessels were hugging the Iranian coastline to signal deference to Tehran.

Decisions Rest with Shipping Companies and Charterers

The Special Secretary also drew a clear distinction between the legal right to transit and the commercial decision to exercise that right, emphasising that whether to actually sail through the strait in current conditions is a matter entirely for individual shipping companies and charterers to assess based on their own safety and risk evaluations. The government’s position is that it will not compel companies to take routes they consider unsafe, while making clear that the legal right to do so is unambiguous and undiminished.

All Indian Ships and Sailors Safe: Ministry

Separately, the Shipping Ministry issued a reassurance that all Indian vessels and seafarers operating in the Gulf region are safe, with no reports of harm or incidents involving Indian ships or crew members. The ministry confirmed it is maintaining constant communication with Indian shipping companies and crew members across the region, and is coordinating with international maritime agencies and regional stakeholders on vessel safety. The statement is intended to provide clarity and calm amid a period of elevated anxiety for the families of the approximately 611 Indian seafarers aboard the 22 Indian-flagged ships still inside the Persian Gulf.