“The development of the nation is intimately linked with understanding and application of science and technology by its people.” -  Vikram Sarabhai

I. Introduction

For millennia, humankind has been fascinated by and curious about space. Technology development has sparked significant international competition in the field of space research. Under the direction of Dr. Vikram Sarabhai, India's engagement with space began in the 1960s. Since then, India's advancement in this field has placed the country on a steady path towards becoming a space superpower. Experts on space law in India have been arguing for a long time that the nation needs to pass a comprehensive space law that would address a wide range of matters related to the exploration of the final frontiers and support India's emergence as a major player in the global space arena. Ever since the historic Soviet Sputnik launch in 1957, which signalled the beginning of the space age, humanity has faced a dire dilemma regarding how to care for the response.

The nation's space accomplishments include the creation of launch vehicles, satellites, and related technologies, as well as navigation, telecommunication, meteorology, oceanography, the ability to predict natural disasters, space science research and development, and planetary exploration, to mention a few. About 15,000 people work at ISRO today, and compared to five years ago, its yearly budget has increased from INR 60000 million to INR 100000 million (about US$1.3 billion). Despite the expansion of its capabilities, ISRO is still unable to meet all of India's needs for space-based services. For the space industry to grow exponentially at the rate that its competitors have by opening its space frontiers to private operators, there is an urgent need for private sector investment.

A Timeline of Indian Space Achievements

• 1962: Indian National Committee for Space Research (INCOSPAR) formed by the Department of Atomic Energy and work on establishing Thumba Equatorial Launching Station (TERLS) started.
• 1963: First Sounding Rocket Launched from TERLS on 21st November 1963.
• 1965: Space Science and Technology Centre (SSTC) established in Thumba.
• 1967: Satellite Communication Earth Station set up at Ahmedabad.
• 1969: Indian Space Research Organisation (ISRO) formed under Department of Atomic Energy on 15th August 1969.
• 1972: Space Commission and Department of Space were set up on 1 June 1972.
• 1972-1976: Air-borne remote sensing experiments.
• 1975: Conversion of ISRO from autonomous status to Government Organisation on 1 April 1975.

On April 19, Aryabhatta, the first Indian satellite, was launched from the old Soviet Cosmodrome at Baikonur.

• 1975-1976: Satellite Instructional Television Experiment (SITE) conducted using the American ATS-6 satellite from 1August 1975 to 31st July 1976.
• 1977: Satellite Telecommunication Experiments Project (STEP) carried out using the Franco-German Symphonie satellite for telecommunication purpose.
• 1979: On 7 June aboard a Soviet launcher Bhaskara-1, an experimental satellite for the earth observation, launched.

First Experimental Launch of SLV-3 on 10th August 1979.

• 1980: On 18th july second experimental launch of SLV-3 placed Rohini satellite into a low-earth orbit.
• 1981: On 31st May the first developmental launch of SLV-3 places RS-D1 into a low-earth orbit.
• 2008: India's Chandrayaan-1 lunar mission, found water on the moon's surface.
• 2013: India became the first nation to successfully orbit Mars on its initial attempt, thanks to the Mars Orbiter Mission.
• 2016: India tested a reusable version of the space shuttle successfully, paving the possibility for more affordable space launches, Reusable Launch Vehicle Technology Demonstrator.
• 2017: South Asian Satellite: This satellite, which was sent into orbit in, offers various South Asian nations weather and communication services.
• 2024: Gaganyaan India will launch its first human spacecraft.

The Indian Space Research Organisation (ISRO) launched Chandrayaan-3, a lunar mission, in 2023. The mission's objectives were to show off rover mobility, a soft and safe lunar landing, and in-situ scientific experiments. Chandrayaan-3 created history when it was the first mission to soft-land on the lunar South pole, which had never been explored before. The Vikram lander and Pragyan rover, which were both used in the mission, carried out in-situ tests on the Moon's surface

International Space Laws:

Background

The USSR launched Sputnik 1, the first satellite in history, in 1957. It launched the "Space Race" and turned out to be the primary driving force behind the creation of international space laws in the years that followed. The successful launch of Sputnik 1 confirmed space exploration, which was previously only a pipe dream for Earth's population. The USSR and the US were competing with each other to be the leaders in space exploration at the time, and this rivalry produced amazing advancements in the space sector as both countries tried their hardest to outdo the other. Just four years had passed since Sputnik 1 was launched.

Yuri Gagarin made history on April 12, 1961, when he launched into space and saw our lovely planet from above. And so humans began to travel into space. Neil Armstrong eventually became the first person to "walk on the Moon" on July 20, 1969.

This "Space Race" promoted conversation about using space for peaceful purposes only.

As a result, the US approached the UN in 1957–1958 to secure the goal of guaranteeing that future advancements in space would be dedicated solely to peaceful and scientific purposes.

As a result, the US approached the UN in 1957 and 1958 to secure the goal of guaranteeing that future space developments would be dedicated solely to peaceful and scientific purposes. As a result, the UN General Assembly adopted Resolution 1148 (XII), the first space resolution, in 1957. Disarmament was the primary topic of the Resolution because the UN was tasked at the time with preserving international peace. With this resolution, the UN used the phrase "exclusively for peaceful purposes" for the first time.

As tensions over technological and scientific advancements in space between the USSR and the US grew, the UN drafted a number of conventions, treaties, resolutions, declarations, and other documents that eventually evolved into international space law. The UN has condensed the body of international law pertaining to outer space into five instruments through the General Assembly Committed on the Peaceful Uses of Outer Space (COPUOS). The following treaties:

Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, 1967 Article VI of the Outer Space Treaty, 1967 stipulates that States Parties to the Treaty shall bear international responsibility for national activities in outer space, including the Moon and other celestial bodies, whether such activities are carried out by governmental agencies or by non-governmental entities, and for ensuring that national activities are carried out in compliance with the provisions outlined in the present Treaty.

Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, 1968. A consensus was reached in the General Assembly of UN in 1967, after which the Rescue Agreement came into force in December 1968. Articles 5 and 8 of the Outer Space Treaty state that “States shall take all possible step to rescue and assist astronauts in distress and promptly return them to the launching State, and that States shall, upon request, assist in launching States in recovering space objects that return to Earth outside the territory of the Launching State.

The UN General Assembly reached a consensus in 1967, following which the UN Rescue Agreement entered into force in December 1968. The Rescue Agreement was negotiated by the UN Legal Subcommittee between 1962 and 1967. The Outer Space Treaty's Articles 5 and 8 stipulate that "States shall take all reasonable measures to rescue and assist astronauts in distress, return them to the launching state, and states will help launch states upon request.

Convention on International Liability for Damage Caused by Space Objects, 1972. The Liability Convention came into force in September 1972. It elaborates on article 7 of the Outer Space Treaty, 1967 and provides that the “launching State” shall be liable to pay compensation for any such damages caused by its “space objects on the surface of Earth or to aircraft” and liable for any such damages due to the faults of such State in the outer space. The Convention further provides as to how the settlement of damage claims shall be approached. The Liability Convention has put the onus of liability on the State and not any individual. Therefore, it is important for any signatory State to have robust Space Laws to make sure that while entering into any kind of contract regarding space-related matters with another State the interests and benefits of such State are taken care of.

The Registration Convention provides that “The Secretary-General of the United Nations shall maintain a Register in which the information furnished under article IV shall be recorded”. 18 It further provides that the Register shall be of “full and open access” to all the information regarding the signatory States. 37 countries have ratified, and 4 have signed the Convention. 19 According to article IV (1) of the Convention each State shall provide the Secretary-General of the United Nations information regarding “each space object carried on its registry”.

“The Moon Agreement” was adopted in 1979 by the General Assembly of the UN. However, it was only when the fifth country, Austria ratified it, the Agreement came into force in 1984. The Agreement reaffirms and elaborates on many of the provisions of the Outer Space Treaty as applied to the Moon and other celestial bodies, providing that those bodies should be used exclusively for peaceful purposes, that their environments should not be disrupted, that the United Nations should be informed of the location and purpose of any station established on those bodies. 21 Further, the Agreement states that “Moon and other Celestial bodies” do not belong to anyone nation and are the common property of the entire mankind.

The Declaration of Legal Principles Governing the Activities of States in the exploration and Uses of Outer Space, 1962 (XVIII)

The Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting, 1982 (Resolution 37/92)

The Principles Relating to Remote Sensing of the Earth from Outer Space, 1986 (Resolution 41/65)

The Principles Relevant to the Use of Nuclear Power Sources in Outer Space, 1992 (Resolution 47/68)

The Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interest of All States, Taking into Particular Account the Needs of Developing Countries, 1996 (Resolution 51/122)

II. Space Policies of India

Regarding India's legal situation in space, it is depressing to learn that no regulations exist in this specific area. India is one of the top countries and supergiants in space-related activities because it is such a promising country. However, unlike the US, Japan, and Russia, who among other countries have their own space laws, India has none at all.

Long-term space exploration by India is difficult not only from a technological standpoint but also in terms of the economy, the effects on the environment, political decisions, and the growing role and private parties' interest in commercial the space programme has highlighted the necessity of an all-encompassing space policy for the nation.

The Indian space policy must fundamentally subsume the spirit of rules-based international order. It needs to align with international policies such as the Outer Space Treaty of 1967, the Rescue Agreement of 1968, the Liability Convention of 1972, the Registration Convention of 1976, and the Moon Agreement of 1979.

At the moment, laws like the Satellite Communications Policy of 2000 and the updated Remote Data Sensing Policy of 2011 as well as the Indian Constitution, which is supreme in the land, govern matters pertaining to space. Concurrently, a few articles of the constitution aid in the governance of space-related issues:

1. Article 51 of the Constitution

Article 51 of the Indian Constitution provides that for the promotion of international peace.

According to Article 51(c), The State must respect for International Law and Treat obligations and to encourage settlement of the International dispute by way of Arbitration. Hence, article 51 of the Indian Constitution obligates the State to work in coordination with other nations and enhance “international peace and security”. The State must respect all such international laws and treaties, whether regarding space matters or otherwise, which it is a signatory to and promote harmony among all nations.

II. Article 73 of the Constitution

According to article 73 (1) of the Indian Constitution, the executive power of the Union extends to:

(a) the matter relating to which Parliament has the power to make laws,

(b) to exercise of such rights, authority, and jurisdiction as one exercisable by the Government of India under any treaty or agreement.

III. Article 253 of the Constitution

According to Article 253 of the Indian Constitution – Legislation for giving effect to International Agreements. Parliament has the power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or country or any decision made at any international conference, association or other body. Hence, the Constitution empowers the Parliament to formulate any such laws required to implement any agreement, treaty, or convention with other countries or any decision taken by the International Agencies, India is a member of.

1) SATCOM Policy, 1997

The Department of Space along with the Department of Telecommunication and Department Of Science and Technology framed the Satellite Communication Policy (SATCOM) in 1997. The policy emphasized developing “satellite communication” and “launch capabilities” developing the infrastructure, promoting “private investment in the space sector” and allowing the use of “foreign satellites for services in India”.

2) Norms, Guidelines and Procedure for SATCOM Policy Implementation, 2000

On January 12, 2000, the Union Cabinet approved the Norms, guidelines, and procedures required for the implementation of the SATCOM Policy. The norms provided that such “registered Indian companies” having foreign investment “not exceeding 74%” shall be permitted “to establish and operate satellite systems”. 33 By doing so, the Government welcomed private sector participation keeping in mind the tremendous growth in “Satellite-based communication services”. Several sub-committees were formed to authorize and sanction the regulations on “sharing of INSAT satellite by private companies on a commercial basis”.

It has been 23 years, and we need to rethink the SATCOM Policy and bring about necessary changes keeping in mind the present situations and developments. The new policy needs to Include greater role for the private sector. There must be a consideration of joint maximisation of potential by public and private players.

3) Remote Date Sensing Policy, 2011

Remote Sensing Data Policy was framed in 2001 but, was further amended in 2011. 35 The Policy empowered the “Department of Space” as the nodal agency to decide on any action to be taken under the policy. Permission of the Government through DOS regarding operating, acquisition, or distribution of ‘a remote sensing satellite’ from or within India is mandatory under the policy. The Antrix Corporation has the powers to grant licenses regarding the acquisition or distribution of Indian Remote Sensing data outside India and has the authority to levy fees for granting such licenses. By opening the “remote sensing sector” it focuses on removing any kind of restrictions to ease the access to high-resolution data for developmental activities”.

4) Technology Transfer Policy of ISRO

Technology transfer is a process through which ISRO transfers its technical know-how of the technology created by its centres and elsewhere using the resources of ISRO, to the external entities. In order to further such transfer of technology from its centres to the industry for the production of items required for its space projects as well as outside users, by the industry, ISRO undertook a significant initiative in mid-seventies. The “ISRO Technology Transfer Group” was created to implement the policy. Hence, by allowing transfer of numerous technologies, the Department of Space is furthering commercialization of the know-how of different disciplines of space-related technologies. Multi-pronged initiatives resulted in terms of the group’s work for awareness building, quality assurance, selection criteria for industries know how pricing principles, innovative contract systems and so on. The main objective for conceiving the technology transfer policy was to encourage Indian industry participation in the outer space activities of ISRO. It also aimed to grab the advantages of “spin-offs of such technologies” created. The policy enables the industry to acquire licensing of the technology know-how from ISRO centres. Technology transfer cases, fall under the following:

Technologies for ISRO buyback.

Technologies for the development of space systems utilisation and space applications.

Technologies for the development of ‘spin-off’ or non-space applications.

To create awareness among the industries, ISRO publishes such information regarding technology transfer on its website and other trade journals to invite applications for the same, from time to time. In order to facilitate the transfer of technology to both public and private sectors for industrial and national development, ISRO created a public sector company called ‘New Space India Limited (NSIL)’, in March 2019. According to former ISRO Chairman K Sivan, “The main objective of this new company will be to act as a mediator or link between ISRO and the industry and facilitate the transfer of ISRO technologies to private companies. Till now, ISRO had to directly engage with private companies and oversee the entire process of technology transfer.

The proposed Indian space law may have the greatest impact on the country by enabling private companies to assume the responsibility of developing satellites and launch vehicles, as well as operating their own constellations of satellites to serve the needs of both local and foreign clients. But more significantly, an Indian space law would greatly aid the Indian defence establishment in laying the foundation for future Indian space laws.

These are a few of the problems that make space legislation urgently needed in the nation. Therefore, the most important prerequisite is to have legislation that will broadly address all of these modern issues and space-related matters. All aspects of space law should be covered, including the execution of space programmes, safety regulations for launches and spaceflights, the issue of foreign space objects passing through national airspace, and liability issues. Furthermore, it ought to address international cooperation, responsibility, IPR protection, dispute resolution, and the preservation of the environment and ecology.

III. Space Activities Bill, 2017: A step to a solution

This Bill has been proposed to encourage and govern India's space activities, encourages non-governmental and private sector organisations to engage in space activities in India, with government oversight and authorization provided by the Department of Space. India's first space activity was the launch of its first rocket in 1963. Since then, the country's space research and technology have advanced tremendously, making India a global space superpower on par with the US and Russia. India is a party to the Outer Space Treaty, which mandates that states authorise and continuously monitor nongovernmental organizations activities in outer space, including the Moon and other celestial bodies, to make sure that they comply with the treaty's provisions. States also bear international responsibility for all national space activities, whether they are carried out by governments or private entities.

IV. Objectives of the bill.

The provisions of this Act shall be applicable to all Indian citizens and to any sector involved in any space activity, whether conducted within or outside of India. The Central Government shall grant a non-transferable licence to any individual engaging in commercial space activity. The government will create more space activity plans for the nation and keep a register of all space objects, which includes any object launched or planned for launch around the Earth. The Central Government will create the necessary licencing procedures, qualifying standards, and licence costs. It will control the protocols for conducting and operating space activity and offer technical and professional support for commercial space activity, will guarantee safety standards, oversee all space activities carried out by India, and look into any mishap or accident related to space activity operations. It will, in accordance with established protocols, disclose information to any individual or organisation regarding the cost of goods produced by space activity and technology.

The Bill includes provisions for disclosing to any person or agency, in a prescribed manner, information regarding the pricing of goods produced by space activity and technology. Regarding liability, a licensee must defend the federal government against lawsuits by paying compensation to the government. This relates to losses resulting from commercial space operations that are licenced. Penalties for unauthorised commercial space activity, providing false information or documents that cause environmental damage, entering prohibited areas, and disclosing restricted information are outlined in the draught bill.

The government will create more space activity plans for the nation and keep a register of all space objects—any object that has been launched or is planned for launch—around the planet. It will control the protocols for conducting and operating space activity and offer technical and professional support for commercial space activity. It will guarantee safety standards, oversee all space activities carried out by India, and look into any mishap or accident related to space activity operations. It will, in accordance with established protocols, disclose information to any individual or organisation regarding the cost of goods produced by space activity and technology. Anyone found engaging in commercial space operations without authorization faces a maximum sentence of 3 years or fine more than ₹1 crore or both.

V. Positive aspects and needs of Space Activities Bill 2017

The Space Activities Bill, of 2017 is the result of many years of research on a number of "international guiding principles" with the goal of establishing national laws pertaining to space activities. This could therefore lead to the creation of jobs and advance India's ambition to become a major space-related commercial hub. The bill positively reflects a promising intention of the Central government by limiting the grounds under which it may refuse to grant a licence (section 7(2)). The State to support and develops the nation's space technology startups by minimising the obstacles to entry. It seeks to dismantle the space industry's government monopoly and promote vital private sector participation. By changing the licencing process, the bill undoubtedly reflects the government's goal to establish an open and understandable protocol. The bill defines "space players," "licences," and "space objects" in detail, geography, "commercial space activity," and infractions. It also outlines the rules in great detail for start-ups and non-governmental stakeholders hoping to collaborate with the government in the field of space. Additionally, it encourages these players to fund Indian space initiatives.

Although the Indian space programme is largely the domain of the Government, ISRO has been encouraging private industry to deliver products for use in its space projects from the 1970s which resulted in many enterprises becoming the subcontractors of ISRO and the economic reforms of the Government in the early 1990s liberalized the entry of private companies in space activities related to telecommunications and television broadcasting. In the present day, ISRO is actively seeking 13 collaboration of private industry to augment its manpower, infrastructure and financial capacity in order to meet its annual satellite launch targets and explore new research areas. ISRO has realised that it possesses the 14 competitive advantage of offering satellite launches that are economical by international standards, but it cannot tap into the lucrative multibillion-dollar satellite launch industry, in which it commands a meagre 0.5% share, without the involvement of the private sector, and it thus plans to privatise the operations of the Polar Satellite Launch Vehicle (PSLV) entirely by the year 2020.

The intent of the draft Bill is to exploit commercial opportunities in space services available at the national and international level by encouraging the participation of private sector organisations. It 18 aims to harness the interest shown by start-ups in investing in space activities under a legislation for the authorization and supervision of such initiatives, ultimately supporting the overall growth of space activities in India. Another objective of the draft Bill is to discharge India’s international obligations under the major space treaties by enacting a domestic legislative mechanism. It was recognised that India would have to bear international responsibility and liability for damages caused by space activities and space objects even if such activities are carried out by private entities, and thus a need for licensing and supervising these activities was felt. In addition to this, India must comply with a variety of other requirements, such as those relating to registration under Article 4 of the Registration Convention.

The Draft Space Activities Bill, 2017 consists of a basic legal framework that provides for the creation of a regulatory mechanism by the Central Government and confers upon it certain powers to enable it to discharge its regulatory functions, as well as extensive rule-making powers to regulate specific matters within the larger context of space activities. The draft Bill contemplates setting out a procedure for licensing of commercial space activities, and registration of space objects and expressly prohibits any unauthorised space activity. It defines the objects and persons that will fall within the purview of the new law and creates a variety of offences and penalties for enforcing the provisions of the Bill. The introduction of the draft Bill is a much-awaited development to bring India at par with other space-faring nations that have formulated domestic space legislations, and the draft law is backed by good intent. However, greater scrutiny of some of the provisions reveals that it may not be able to bring in the kind of private investment envisioned.

VII. Conclusion and Suggestions

The draft Bill appears to be largely in conformity with India’s binding international obligations under the space treaties to which it is party, even going further in some cases such as in attempting to minimise space debris. However, a more serious effort is required on part of the drafters to consider the interests of investors in the space industry, specifically with respect to issues like ownership of intellectual property rights. The draft Bill adopts an overly regulatory stance, with pervasive governmental control at multiple stages of a proposed space activity, which can stifle commercial space enterprise. Prior to its enactment, several changes are necessary to be made in the draft Bill to equip it to govern present and future space activities more effectively. Provisions from commercially oriented space legislations of countries like the United States and Australia can be incorporated to remedy the defects of the present draft, as have been suggested by the researcher in the previous section, particularly with regard to introducing the concept of limited liability and the maximum probable loss or maximum insurance available at reasonable cost quantum of insurance.

It must be oriented towards catalysing the development of the space industry in India, and the government must reduce suspicion towards private entities to regulate the industry in a balanced and evenhanded manner. In conclusion, the draft Space Activities Bill, 2017, in its present form, is not conducive to the growth of private commercial space activities in India. The government needs to seriously rethink the draft bill on these lines too. Therefore, commercialization of the space sector will benefit the country only if an appropriate and balanced outer space legislation is formulated, either as comprehensive legislation or as regulation for specific sectors. The bill provided maximum powers to ISRO as a licensor, operator, rules maker and service provider. If the government intends to keep the authority tightly in its own hands, it may create confusion in the minds of the private players who are genuinely looking forward to contributing and invest both intellectually and monetarily in the space sector activities of the country. The government needs to take a look at how independent players have excelled in App development and transformed the digital sector as a whole.

The draft Bill can be improved to meet its intended objective of promotion of space activities in India by enhancing clarity and precision in drafting, taking cues from commerce-oriented domestic space legislations of other established space-faring nations to reform the cumbersome regulatory procedure and reduce excessive governmental interference in the working of private enterprises.

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