INTRODUCTION
Space exploration and commercialisation have been progressing at breakneck speeds in recent years, and India has become a leading player in the global space industry. The necessity for a well-structured legal framework comes into focus with greater participation of private sector players, greater numbers of satellite launches, and ambitious interplanetary missions. The Indian space law is developing with diverse legislation and regulations that address operation and align with international obligations. As there is increasing commercialization, concerns such as liability, intellectual property rights, and resource use have become top agenda items. The government has acted by creating IN-SPACe to manage private sector participation, but legal professionals call for a special law to delineate commercial activity and conflict resolution[1].
Yet, notwithstanding such initiatives, India’s space activities legal regime remains patchy, based largely on policy documents and international conventions and not on overarching domestic legislation. “The Draft Space Activities Bill (2017)”, meant to govern private sector participation and delineate liability issues, has yet to become a law, creating legal loopholes in sensitive fields like space mining, allotment of satellite spectrum, and resolution of commercial disputes. Though “IN-SPACe” encourages private participation, the absence of a demarcated legal framework is a concern in terms of ownership rights, foreign investment, and Indian liability in case of damages from private space missions. Jurists are of the view that it would not only enhance investor faith but also guard India’s competitive edge in the new space economy of the world and remain within the bounds of international conventions like the “Outer Space Treaty of 1967” and “the Liability Convention of 1972”.[2]
INDIA’S SPACE POLICY AND LEGAL FRAMEWORK
Indian space activities are governed by certain rules and regulations instead of a space law. Though the “Satellite Communication Policy (1997)” and Remote Sensing Data Policy (2011) regulate satellite services and data dissemination, the policies leave commercial and strategic exploitation of space-based resources. To encourage innovation in the space industry, ISRO technologies can also be licensed to private enterprises under the Licensing Of Use Of “ISRO Technology Policy” (Department of Space, Government of India). A legally non-binding issue of concern about commercial space activities, liability for damages, and foreign investment exists. The Draft Space Activities Bill was created by the government in 2017 to govern private sector participation, clarify liability provisions, and give clear guidance on commercial space activities, though the bill has not yet been implemented.[3]
Given the increasing involvement of private companies, the government in the year 2020 instituted the IN-SPACe: a separate entity in the Department of Space, aimed at rendering private sector participation smoother, clearing commercial space ventures, and ensuring adherence to regulations.[4] However, as per the views of legal experts, a specialist form of space law covering intellectual property rights, managing space debris, liability for harm, and exploitation of resources in outer space is still absent in Indian law. This is all the more stunning since the more commercialization and international cooperation occur, the greater the need for a special legal framework. An all-embracing law would not merely obliterate persisting legal ambiguities but also earn it wider acknowledgement as an international player in the quick-paced space economy.
INDIA AND INTERNATIONAL SPACE TREATIES
India is a signatory to some of the world’s premier international space treaties that legally govern outer space activity. India signed and ratified the “Outer Space Treaty in 1982”, which forms a framework for international space law, designating outer space for peaceful uses and that no country can claim sovereignty over celestial bodies. Further, the “Liability Convention, of 1972”, makes a state liable for damage caused by its space objects and decides the policy regime of risk management and liability for an Indian cosmic mission. The “Rescue Agreement, of 1968”, also requires India to save astronauts in distress and land them safely, demonstrating India’s commitment to international cooperation in space exploration.[5]
While such treaties form the basic legal framework, the acceleration in the pace of India’s space endeavour, including more private sector participation and aggressive missions, highlights the imperative for overall domestic legislation. The current international agreements are not fully equipped to deal with challenges of the modern era like commercial mining of space resources, space debris management, and regulation of private space businesses. To fill this void, policymakers recommend the adoption of stringent national space laws that harmonize international commitments with India’s specific needs. These would not merely provide regulatory certainty but also assert India’s role as a key player in international space policy.
PRIVATE SECTOR PARTICIPATION AND LEGAL CHALLENGES
The advent of such private space players as Skyroot Aerospace and Agnikul Cosmos has made a major impact on India’s space sector. The startups have made significant achievements, with Skyroot Aerospace performing successful sub-orbital tests and Agnikul Cosmos working on cutting-edge satellite technologies. This transition to privatization has come about through the setting up in 2020 of the Indian National Space Promotion and Authorization Center (IN-SPACe), which authorized more than 250 space initiatives, allowing for non-government actors to actively join in the constructing, launching, and operating space systems.[6]
To further promote growth and international cooperation, the government of India is updating its policies to enable higher Foreign Direct Investment (FDI) in the space industry. The move will help draw in foreign partnerships and encourage innovation within the sector. [7]Legal professionals highlight the need for a specialized space law to address key issues of liability, resolution of disputes, and ownership of space assets so that the industry has a sound and clear regulatory framework for all concerned parties.
CONCLUSION
India’s space industry is undergoing rapid changes propelled by private sector involvement, policy changes, and ambitious technology developments. Under government initiatives like the establishment of IN-SPACe, high private sector investment has become possible for setting up a competitive innovation-led space sector. However, the lack of independent space law continues to pose legal and regulatory challenges, especially on such aspects as liability, foreign investments, IPR issues, and corporate conduct. India is destined for a mass-level commercialization wave and thus will need to establish a proper legal regime for addressing ownership rights, dispute resolution, and compliance with international obligations. Such a regime shall institutionalize transparency, clear regulations, and investor-friendliness that will allow both national and foreign operators to contribute meaningfully to the growth of the space economy. Convergence of domestic regulations would remove present uncertainties and place India, one of the foremost nations in space exploration and commercialization, on a better footing to make it competitive in the long-running face of the fast-changing space economy.
Author(s) Name: Asmita Jha (National law University and Judicial Academy, Assam)
References:
[1] Observer Research Foundation, India’s Space Policy: The Road Ahead (ORF Report, 2022) https://www.orfonline.org accessed 22 February 2024.
[2] Indian Space Research Organisation (ISRO), Official Website https://www.isro.gov.in accessed 22 February 2024.
[3] Indian Journal of International Law, ‘Analysis of India’s Space Law and Policy’ (2021) (Springer).
[4] Department of Space, Government of India, Technology Transfer Policy (2023) https://www.isro.gov.in accessed 22 February 2024.
[5] Aaditya Vikram Sharma, ‘Outer Space Treaty and India’s Space Policy: Forging a Path’ (2022) Centre for Aviation and Space Laws https://nujs.edu/casl/outer-space-treaty-and-indias-space-policy-forging-a-path/ accessed 22 February 2024.
[6] Financial Times, ‘India’s Space Startups Aim for the Stars’ (2024) https://www.ft.com/content/9481e0eb-51ac-41a5-91c9-4852cbd4c414 accessed 25 February 2024.
[7] IndusLaw, ‘Liberalisation of Foreign Direct Investments in the Space Sector’ (2024) https://induslaw.com/publications/pdf/alerts-2024/liberalisation-of-foreign-direct-investments-in-the-space-sector.pdf accessed 22 February 2024.
