India’s Need for a National Space Law

GS 3 – Science and Technology

Context:

India regulates space activities mainly through DoS and ISRO guidelines, without a unified national space law. While treaties and sectoral rules exist, gaps remain on private participation, liability, safety, and security. This creates legal ambiguity as India’s space sector expands and global collaborations deepen.

Current Legal & Regulatory Framework

1. Department of Space (DoS) & ISRO:
   • Main administrative authorities overseeing all space activities.
2. International Treaties:
   • India is a signatory to:
     • Outer Space Treaty (1967)
     • Liability Convention
     • Rescue Agreement
     • Moon Agreement
3. Domestic Provisions:
   • Space Activities Guidelines (2020–2025) for private sector participation
   • Satellite Communications Regulations via Department of Telecommunications
   • Defense and security-related activities under separate frameworks

Gap:

• No legally binding law to define:
  • Rules for private sector participation
  • Licensing and safety norms
  • Liability, insurance, and risk management
  • Space debris mitigation and environmental responsibilities

Reasons Why India Needs a National Space Law

1. Commercial & Private Sector Growth:
   • Startups in satellite manufacturing, launch services, and space-based applications require clear licensing, liability, and IP protection.
2. International Compliance & Liability:
   • Under international treaties, India is liable for damage caused by its space objects. A national law can specify responsibility, indemnity, and compensation mechanisms.
3. Security & Dual-Use Concerns:
   • Space technologies have civilian and military overlap. Legal clarity ensures regulatory oversight and prevents misuse.
4. Space Debris & Environmental Responsibility:
   • With increasing satellite launches, legal provisions are needed for debris mitigation and sustainable operations.
5. Dispute Resolution & Risk Management:
   • A law can outline insurance, liability, and compensation mechanisms for accidents, collisions, or mission failures.

Global Comparisons

• USA: Commercial Space Launch Act regulates private launches, licensing, and liability.
• UK & France: National space laws regulate commercial operations and safety.
• China: National legislation governs licensing, safety, and operational compliance.

Implication: India’s absence of a law may limit private investment and increase international liability exposure.

Way Forward / Recommendations

1. Draft a National Space Act:
   • Cover licensing, private participation, liability, debris management, dispute resolution, and safety standards.
2. Public-Private Partnership (PPP) Framework:
   • Define roles, incentives, and risk-sharing mechanisms for startups and industry.
3. Alignment with International Law:
   • Ensure compliance with Outer Space Treaty, Liability Convention, and UN debris guidelines.
4. Regulatory Authority:
   • Establish a National Space Regulatory Authority or empower an existing body (DoS/ISRO) for oversight.
5. Periodic Review:
   • Adapt legislation to rapidly evolving technologies like small satellites, reusable rockets, and in-orbit services.