Why India Needs a National Space Law Urgently

IN NEWS — Why India Needs a National Space Law Urgently

ANALYSIS

1. Context:
   As India celebrates its second National Space Day following Chandrayaan-3 and gears up for Gaganyaan, Bharat Antariksh Station, and other ambitious missions, experts highlight a crucial gap — the absence of a comprehensive national space law to govern, regulate, and secure India’s expanding space activities.
2. Global Legal Framework:
   • The Outer Space Treaty (OST), 1967 forms the cornerstone of international space law.
   • It establishes that space is the “province of all humankind,” prohibits national appropriation, and assigns responsibility to states for activities carried out by governmental or non-governmental entities.
   • However, the treaty is not self-executing. Countries must enact national legislation to implement its provisions domestically.
3. Need for National Legislation:
   • According to the United Nations Office for Outer Space Affairs (UNOOSA), domestic legislation ensures that national space sectors grow safely, sustainably, and responsibly.
   • National space laws provide predictability, legal clarity, and a stable environment for both government and private actors.
   • They operationalise international commitments, enable effective oversight, and embed sustainability into day-to-day operations.
   • Countries like Japan, Luxembourg, and the United States have enacted such frameworks, facilitating licensing, liability coverage, and commercial rights over space resources.
4. India’s Current Status:
   • India has ratified key UN space treaties but is yet to enact a comprehensive national space legislation.
   • The approach has been methodical and incremental, focusing first on establishing technical and procedural frameworks.
5. Recent Regulatory Developments:
   • Catalogue of Standards for the Space Industry (2023): Ensures safety standards for space operations.
   • Indian Space Policy (2023): Encourages non-governmental participation in space activities and defines the roles of ISRO, IN-SPACe, and private players.
   • IN-SPACe Norms, Procedures and Guidelines (NPG), 2024: Provides authorisation mechanisms for private entities and partial regulatory oversight.
   • However, IN-SPACe still operates without statutory authority, pending formal legislative backing.
6. Expert Insights:
   • Ranjana Kaul (Space Law Expert): National legislation must encompass both “technical authorisation” of commercial entities and an overarching regulatory framework reflecting OST obligations.
   • Gp. Capt. T.H. Anand Rao (Indian Space Association):
     • A statutory IN-SPACe is essential for regulatory stability.
     • The law should define licensing procedures, FDI limits, liability norms, and clear insurance provisions.
     • Affordable insurance for startups managing high-value space assets is critical.
     • It must also safeguard intellectual property rights, ensure space debris management, and create an independent appellate authority to avoid regulatory conflicts.
7. Risks and Broader Context:
   • The absence of legal clarity can hinder private investment and technological growth.
   • Yet, experts note that the larger challenge lies in geopolitical tensions among major space powers, not in treaty non-compliance.
   • Thus, while India’s cautious legislative process ensures thoroughness, the urgency of codifying a binding statutory space law grows alongside its expanding space ambitions.

STATIC PART (For UPSC Relevance)

• Outer Space Treaty (1967):
  • Prohibits sovereignty claims in space.
  • Mandates peaceful use and state responsibility for national activities.
  • India ratified the treaty and other key UN space agreements.
  • Not self-executing — requires domestic laws for implementation.
• Current Indian Framework:
  • Indian Space Policy (2023) and IN-SPACe NPG (2024) operationalise policy intent but lack statutory enforceability.
  • The proposed Space Activities Bill(under process) aims to:
    • Establish IN-SPACe as a statutory regulator.
    • Define licensing, insurance, liability, and IP frameworks.
    • Align India’s private sector with international best practices.
• Global Examples:
  • U.S. Commercial Space Launch Competitiveness Act (2015)
  • Luxembourg Space Resources Law (2017)
  • Japan Space Resources Act (2021)

Updated – 21 August 2025 ; 8:30 PM | The Hindu

Source:The Hindu