India is drafting a national space law to regulate expanding space activities, promote private sector participation, and align with global treaties. It aims to boost innovation, safeguard national security, and enhance space capabilities.  

International Legal Framework Guiding Space Activities

• Outer Space Treaty (1967)
  • The core principles of the Outer Space Treaty, developed under the United Nations (UN), focus on the peaceful use of space, the use of space for the common benefit of humanity, and the prohibition of national sovereignty in space. The treaty laid the foundation for international space law.
  • The Committee on the Peaceful Uses of Outer Space (COPUOS) oversees the implementation of these principles.
• Supplementary Treaties
  • Rescue Agreement (1968): Addresses procedures for the safe return of astronauts and space objects.
  • Liability Convention (1972): Establishes guidelines for liability in the event of space-related damage.
  • Registration Convention (1976): Requires space-faring nations to register space objects and share details with the UN.
  • Moon Agreement: The Moon Agreement (1984) designates the Moon and celestial bodies as the “common heritage of mankind,” focusing on their peaceful use and equitable exploration. 
    • However, only 19 nations have ratified it, as major spacefaring nations like the US, Russia, and China abstain due to its restrictions on commercial resource exploitation. 

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National Space Laws

• Global Adoption: As of now, 44 countries have adopted national space laws, including major powers like the US, Germany, France, and the UK, as well as emerging space nations like Kenya, Nigeria, and Peru. 
  • These laws regulate governmental and commercial space activities within their territories.
• Contradictions in National Space Laws: Some national space laws conflict with the Outer Space Treaty’s principles on peaceful use, sovereignty, and resource exploitation. 
  • For example, France emphasizes space defense in its laws, while the US’s Commercial Space Act permits the commercial exploitation of space resources, challenging the treaty’s framework of shared global heritage.

Reasons for Need for Changes in Space Law

1. Growing Involvement of Private Sector: Space exploration has shifted from a national pride pursuit to a highly commercial industry. 
   • Companies like SpaceX with projects like Starship and Starlink highlight the immense revenue potential. 
   • The global space sector is projected to grow at a 10% annual rate, reaching $1.8 trillion by 2035 (up from $630 billion in 2023).
2. India’s Changing approach :
   • India’s space programme has largely focused on cost-effective development of indigenous space capabilities, especially in communications, weather forecasting, and resource management. 
   • India has used space technology for the public good, such as through telemedicine and tele-education.
   • Recently, the Indian government has shifted its focus towards the commercialization of space activities. 
   • This is evident in the creation of IN-SPACe (Indian National Space Promotion and Authorisation Center) to regulate private sector participation in space activities.
     • Public-private partnerships (PPP) and Space Technology Incubation Centres have been established to encourage innovation and support emerging space startups.

Indian Space Policy 2023

• Role of Non-Governmental Entities (NGEs): The Indian Space Policy 2023 aims to create a framework for increased participation of NGEs in space activities. 
  • The policy outlines the roles of key stakeholders, including the Indian Space Research Organisation (ISRO) and IN-SPACe, in fostering a thriving space ecosystem.
• Emphasis on Space Exploration: The policy also emphasizes space exploration and the goal of a human presence in space. It envisions collaborations with both domestic and international stakeholders.

Need of a Statute (Legislation)

• Regulatory Clarity and Industry Growth: As the private sector plays an increasingly important role in India’s space industry, a statutory framework is essential for regulating space activities. The proposed national law could address key aspects such as:
  • Licensing and authorization
  • Insurance requirements
  • Protection of intellectual property rights
  • Penalties for unauthorized activities
  • Ensuring alignment with both national and international interests.
• Support for Private Sector and Startups: The new statutory framework will help provide regulatory clarity for India’s growing private sector and create a robust ecosystem for the commercial space industry.

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Conclusion

India’s shift from a space-faring nation focused on development to a key player in the global space economy necessitates the creation of a comprehensive national space law. Such a law will effectively guide India’s space ambitions, ensuring alignment with global trends and fostering growth in an increasingly competitive and commercialized space sector.

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