National Space Law for India : Need, Challenges, and the Way Forward

Context
Recently, the Indian Space Research Organisation (ISRO) in collaboration with the Indian Navy successfully carried out the Well Deck trials of the Gaganyaan mission’s crew module at the Eastern Naval Command using a well-deck ship off the coast of Visakhapatnam. This achievement underlines India’s steady progress in human spaceflight missions. However, as India expands its space ambitions, the absence of a comprehensive national space law is increasingly felt.

What is Space Law?

• According to the United Nations Office for Outer Space Affairs (UNOOSA), space law is a body of law governing activities in outer space.

• It covers the exploration, use, and liability for space objects while ensuring responsible and peaceful conduct of space activities.

Components of Space Law

• A collection of international treaties, agreements, and national laws that guide the exploration and commercialisation of space.

• The five core UN treaties on outer space form the foundation:

  • The Outer Space Treaty (1967)

  • The Rescue Agreement (1968)

  • The Liability Convention (1972)

  • The Registration Convention (1974)

  • The Moon Agreement (1979)

The Outer Space Treaty (1967) remains the most significant, declaring that:

• Outer space is the province of all humankind and cannot be appropriated by any nation.

• States bear responsibility for all national space activities, whether by government or private actors.

• Companion agreements establish rights, responsibilities, and liability rules for global space activities.

Why Does India Need a National Space Law?

As A.P.J. Abdul Kalam said, “A nation with a strong base in science and technology is a nation with a strong backbone.” For India, space law is crucial because:

• Provides thrust to space activities – A legal framework acts as the launchpad for sustainable and equitable space exploration.

• Creates enforceable structure – Policies signal intent, but law provides binding legal authority.

• Ensures compliance and stability – Offers predictability, legal clarity, and accountability to both public and private actors.

• Implements international commitments – Operationalises India’s obligations under the Outer Space Treaty and other UN frameworks.

• Promotes accountability – Ensures responsible development of the space sector.

• Attracts investment – Legal clarity builds investor confidence and fosters innovation.

• Provides regulatory tools – Helps manage dual-use technologies, debris mitigation, licensing, and liability issues.

Global Practices – Countries like Japan, Luxembourg, and the USA already have robust space legislations to regulate licensing, liability coverage, and commercial rights.

Indian Scenario – India has ratified key UN treaties but is yet to enact a comprehensive national space legislation.

India’s Regulatory Evolution

India’s approach to space regulation has been methodical and incremental.

Two Key Aspects:

1. Technical Regulations – Governing commercial operations in orbit.

   • Catalogue of Standards for the Space Industry – Ensures operational safety.

   • Indian Space Policy (2023) – Encourages non-governmental participation.

   • IN-SPACe Norms, Procedures and Guidelines (2024) – Provides authorisation framework.

2. Regulatory Framework (Law) – A proposed Space Activities Bill to embed international obligations into domestic law.

Challenges in India’s Space Regulation

• Operational hurdles – Regulatory transition creates uncertainty for private players.

• Delay in clearances – Dual-use nature of technologies causes multi-ministry approvals.

• Lack of formal backing – IN-SPACe currently functions without clear statutory authority.

• Absence of political consensus – Geopolitical rivalries complicate global cooperation.

• Geopolitical tensions – Rising military competition among major space powers threatens global governance frameworks.

Priorities for a National Space Law

• Statutory Authority – Provide clear legal backing to IN-SPACe as the central regulator.

• Comprehensive Licensing Rules – Define application processes, timelines, fees, and grounds for approval/rejection.

• FDI Clarity – Allow up to 100% FDI in satellite component manufacturing to attract capital.

• Robust Liability Framework – Mandate third-party insurance and affordable coverage for start-ups.

• Transparency & Accountability – Lay down mechanisms for incident reporting, accident investigations, and dispute resolution.

• Protection of Innovation – Safeguard intellectual property rights without excessive state control.

• Encourage Collaboration – Foster partnerships among industry, academia, and government.

• Safety Standards – Enforce space debris management, accident investigation procedures, and unified data-sharing frameworks.

What Lies Ahead?

Without a statutory space law, India’s regulatory framework risks creating uncertainty for private players and investors. As India aspires to become a leading space power, comprehensive legislation is essential to:

• Provide legal certainty,

• Enable commercial expansion, and

• Uphold international responsibilities.

With India expected to host future International Astronautical Congress meetings, the timing to enact a National Space Law is both urgent and strategic.

Conclusion

India’s growing role in the global space sector requires legal infrastructure as strong as its technological achievements. A forward-looking National Space Law will not only secure India’s compliance with international norms but also unlock private innovation, foreign investments, and long-term sustainability. The choice is clear—either remain in a regulatory vacuum and risk lagging behind, or legislate boldly and make India a front-runner in the global space economy.

Source : The Hindu