Why India Needs a National Space Law

India’s Space Achievements & Legal Gap

• National Space Day: Celebrated on August 23 (anniversary of Chandrayaan-3’s lunar landing) celbrating 2nd year of space day in 2025.
• Recent Milestones:
  • Chandrayaan-3: First successful soft landing near lunar south pole (2023).
  • Gaganyaan Mission: Human spaceflight program; crew module undergoing Well Deck trials (2024).
  • Bharat Antariksh Station (BAS): Planned Indian space station by 2035.
  • Chandrayaan-4/5, Shukrayaan (Venus mission), Aditya-L1 (solar mission) in pipeline.
• Despite technological prowess, India lacks a comprehensive national space law.
• Problem: No enforceable legal framework to regulate private sector, ensure liability, or protect intellectual property.

 India is technologically advanced but legally behind in space governance.

Global Space Law: The Outer Space Treaty (1967)

 What does the Outer Space Treaty (OST) of 1967 stipulate?

Also known as the "Magna Carta of Space", it is the cornerstone of international space law. Key provisions:

🌐 India ratified the OST in 1982.

Is the OST self-executing?

• No, the Outer Space Treaty is not self-executing.
• This means: Treaty obligations do not automatically become domestic law upon ratification.
• Countries must enact national legislation to implement treaty provisions domestically.

Why do countries need national space laws?

1. Legal Accountability: Ensure state compliance with OST (esp. Art. VI & VII).
2. Regulatory Clarity: Licensing, safety, liability, and environmental standards.
3. Private Sector Enablement: Encourage startups and FDI with clear rules.
4. Insurance & Risk Management: Mandate third-party insurance for launches.
5. Dispute Resolution: Establish mechanisms for grievances and appeals.
6. Space Debris Mitigation: Enforce sustainable practices.
7. Data & Spectrum Governance: Regulate satellite communication and data use.

🌐 Over 50 countries have enacted national space laws, including:

• USA: Commercial Space Launch Act
• Luxembourg: Space Resources Law (2017)
• Japan: Act on Launching and Control of Space Objects (2009)
• UK: Space Industry Act (2018)

India’s Approach to Space Legislation

India has Signed all five core UN space treaties and ratified 4 of them:

1. Outer Space Treaty (1967)
2. Rescue Agreement (1968)
3. Liability Convention (1972)
4. Registration Convention (1975)
5. Moon Agreement (1979) – India signed but has not ratified it.

Current Regulatory Framework (Incremental Approach)

India is following a step-by-step, policy-first approach rather than a single comprehensive law.

National space legislation has two interdependent components:

1. Technical Regulations (already underway): Licensing, safety, orbital operations.
2. Overarching Legal Framework (Pending): A formal "Space Activities Act" that codifies India’s obligations under the OST.

India still lacks a statutory law to back these policies — making them non-binding and vulnerable to legal challenges.

Institutional Framework: IN-SPACe

• IN-SPACe (Indian National Space Promotion and Authorization Centre):
  • Set up in 2020 as an autonomous nodal agency under DoS.
  • Role: Regulate and promote private sector participation in space.
  • Acts as single-window clearance for private space activities.
• Current Limitation:
  • No statutory backing – functions via executive order.
  • Decisions can be challenged in courts due to lack of legal authority.
  • Cannot independently enforce penalties or licensing terms.

 Demand: IN-SPACe must be given statutory status through a space law.

Why affordable insurance for startups is crucial?

• Launches and satellites are high-value, high-risk.
• Without insurance, startups cannot attract investors.
• International law holds India liable for damages caused by Indian-registered objects — even if launched by a private firm.
• Insurance ensures financial responsibility and risk mitigation.

Why is a National Space Law Urgently Needed?

Way Forward: Recommendations

1. Enact a National Space Activities Act to:
   • Grant statutory status to IN-SPACe.
   • Codify licensing, liability, insurance, and enforcement mechanisms.
2. Establish a Space Regulatory Authority (independent of DoS/ISRO).
3. Create a National Space Insurance Pool with government support for startups.
4. Amend FDI Policy to allow 100% FDI in strategic space sub-sectors (with safeguards).
5. Set up a Space Accident Investigation Agency (like aviation’s AAIB).
6. Strengthen Space Debris Mitigation Rules in line with UN/IADC guidelines.
7. Develop a Data Policy for satellite imagery, remote sensing, and geospatial data.

India stands at a historic juncture in its space journey. While ISRO and private players are pushing technological boundaries, the absence of a national space law creates legal uncertainty, investment risks, and international liability exposure. A comprehensive, forward-looking space law is not just a regulatory necessity — it is a strategic imperative for India to become a global leader in the $447 billion global space economy.

IN-SPACe (Indian National Space Promotion and Authorization Centre)

• Establishment: 2020, as a regulatory body under the Department of Space.

• Purpose: Promote and regulate private sector participation in the Indian space industry.

• Functions:

  • Grant licenses and authorizations to private players for space activities.

  • Oversee establishment and operation of space objects, ground assets, and services (communication, remote sensing, navigation).

  • Create a level playing field for non-government entities (NGEs).

NSIL (New Space India Limited)

• Establishment: March 2019, as the commercial arm of ISRO, under the Department of Space.

• Objective: Commercial exploitation of ISRO’s R&D outputs.

• Functions:

  • Transfer ISRO technologies to industry for commercialization.

  • Launch new satellites and provide satellite-based services (communication, navigation, remote sensing).

  • Facilitate private sector growth in the Indian space ecosystem.

  • Represent Indian industries in international exhibitions, symposiums, and workshops.