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Mahesh

22/08/25 09:17 AM IST

India needs a national space law urgently

In News 
  • In the race to explore, innovate, and commercialise outer space, the law is the launchpad for sustainable, equitable, and safe space activities. Without it, space ambitions risk being propelled without a navigational map.
Outer Space 
  • Outer space, also known as space or celestial space, refers to the vast expanse beyond Earth's atmosphere and between celestial bodies.
  • It is a vacuum that exists beyond the Earth's atmosphere and extends indefinitely throughout the universe. Outer space is characterized by extremely low density and pressure, as well as the absence of air and other atmospheric elements.
UN Treaties
  • The treaties commonly referred to as the "five United Nations treaties on outer space" are:
  • The Outer Space Treaty 1967: Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies.
  • Rescue Agreement 1968: Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space.
  • Liability Convention 1972: Convention on International Liability for Damage Caused by Space Objects.
  • The Registration Convention 1976: Convention on Registration of Objects Launched into Outer Space.
  • The Moon Agreement 1979: Agreement Governing the Activities of States on the Moon and Other Celestial Bodies.
  • India is a signatory to all five of these treaties but has ratified only four. India did not ratify Moon agreement.
About the Outer Space Treaty (1967)
  • It is an international law that regulates countries' exploration and use of outer space, including the Moon and other celestial bodies.
  • The OST was the outcome of the Cold War diplomacy.
  • It was formed during the period of intense rivalry between the United States and the Soviet Union for space utilisation.
  • The "space race" began with the Soviet Union launch of Sputnik in 1957 which raised global concerns about whether space could be ruled peacefully or become a new ground for conflict.
  • In this background, countries agreed to develop regulations for the peaceful use of space in 1967.
  • The Outer Space Treaty (OST) was signed by 115 countries, including India.
Need for space policy 
  • Space policy may signal intent but law is what creates an enforceable structure. Policies can guide and inspire but only statutory law can mandate compliance and provide legal certainty.
  • National space legislation offers predictability, legal clarity, and a stable regulatory environment for both government and private actors.
  • It operationalises international commitments, enables effective oversight, and embeds sustainability into everyday practice.
  • For industry, this clarity fosters investment and innovation; for regulators, it provides the tools to manage activities responsibly in line with the applicable global framework.
  • Many countries now have national space legislation. Japan, Luxembourg, and the US have enacted frameworks to facilitate licensing, liability coverage, and commercial rights over space activities and resources.
India’s regulatory evolution
  • India’s approach to space legislation reflects a methodical, incremental strategy.
  • It should be understood that national space legislation includes two cardinal interdependent aspects: (i) technical regulations governing space operations in orbit by commercial entities — this is the first aspect of ‘authorisation’ process under Article VI [of the Outer Space Treaty]. The Department of Space is proceeding meticulously in this matter.”
  • This methodical approach has yielded concrete regulatory developments, including: the Catalogue of Standards for the Space Industry, critical for ensuring the safety of space operations, and the the Indian Space Policy, providing details of activities that non-governmental entities are encouraged to undertake — both in 2023; and the
  • IN-SPACe Norms Procedure Guidelines (NPG) for Authorisation to implement the Space Policy in 2024.
  • IN-SPACe has addressed certain ground segment activities and establishing satellites in orbit. NPG for launch vehicles and other aspects will undoubtedly be issued in due course.
  • However, the second component is still pending: “the overarching regulatory framework (textual part) — this is the … ‘space activities law’ that will contain provisions of the OST that are meticulously, carefully, appropriately drafted.”
IN-SPACe
  • IN-SPACe, which currently operates without formal legal backing, requires clear statutory authority to strengthen its role as the central regulatory body.
  • “The national space law should clearly set out licensing rules, qualifications, application processes, timelines, fees, and reasons for acceptance or denial, to avoid unnecessary delays and confusion from multiple ministry approvals.”
  • The dual-use nature of space technologies creates particular complications, with companies facing delays from multiple ministry clearances even after provisional approvals.
  • Clear FDI rules, such as allowing 100% FDI in satellite component manufacturing under automatic routes, would attract critical capital for startups to scale operations.
  • This operational clarity extends to liability frameworks, where Rao emphasised that “while India is ultimately responsible internationally, private companies must hold proper third-party insurance to cover any damages.
  • The law should lay out transparent steps for reporting incidents and handling claims,” while creating affordable insurance frameworks for startups managing high-value space assets.
  • Innovation protection remains equally crucial: “legislation should secure intellectual property rights without excessive government control, encourage partnerships among industry, academia, and government, and foster investor trust.”
  • This balanced approach would prevent migration of talent and technologies to more IP-friendly jurisdictions.
  • The need for binding safety standards, mandatory accident investigation procedures, enforceable space debris management laws, unified frameworks for space-related data and satellite communications, and an independent appellate body to prevent conflicts of interest.
  • Without statutory backing, IN-SPACe’s regulatory decisions remain vulnerable to procedural challenges, creating uncertainty for private players navigating India’s growing commercial space ecosystem.
Way forward 
  • The risk is not the absence of binding legal framework — the OST is an extraordinary treaty that even without being ‘binding’ has not had a single incident when one state conducted a hostile/aggressive activity against another state in outer space.
  • The risk to the Outer Space Treaty is the absence of political consensus consequent to big power contestations among the three military space super powers.”
  • The perspective suggests that while domestic legal clarity is important for commercial development, the greater threats to space governance emerge from international geopolitical tensions rather than national legislative delays.
  • The question is no longer whether India needs comprehensive space legislation but when the methodical groundwork already laid will culminate in binding statutory law.
  • With the International Astronautical Congress meeting in Sydney this year and potentially in India in the near future, the timing is significant.
Source- The Hindu 

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