[Author Name:Shaik Khaja Hasan Nazame]
[College Name: Damodaram Sanjivayya National Law University]
1.Introduction: India’s Ascent in the Space Age
India has quickly become a key player in the global space scene by blending scientific innovation with national goals. The Indian Space Research Organisation (ISRO) was established in 1969 by Dr. Vikram Sarabhai to focus on using space technology for development.Over the years, ISRO has achieved important milestones, starting with Aryabhata in 1975. It began with local launch vehicles like PSLV and GSLV and completed key missions such as Chandrayaan and Mangalyaan. In 2023, the successful landing of Chandrayaan-3 near the Moon’s south pole marked a historic moment. Along with scientific advancements, India’s commercial space sector has expanded with ISRO’s global satellite launch services and the emergence of private space startups. India has also improved its defense capabilities in space, especially with the 2019 anti-satellite (ASAT) test. Today, India’s space journey shows its broader goals for leadership in technology, economic growth, and national security in the space age.
2.The Gaps in India’s Current Space Legal Regime
India’s growing space activities do not have a clear legal framework. There is no specific space law in place. The sector depends on internal ISRO guidelines and outdated policies, like the Satellite Communication Policy from 1997 and the Remote Sensing Data Policy from 2011.These rules were created when space was mainly for government use. They do not adequately address current issues like the roles of private companies, space tourism, space mining, liability, and environmental concerns, including space debris. As India’s commercial and strategic interests in space increase, the lack of a unified legal system leads to regulatory uncertainty. A specific space law is necessary to provide clarity, ensure accountability, and meet international requirements. This will encourage safe, secure, and sustainable space activities.
3.Why a Comprehensive Space Law is Urgent
India’s space sector is growing quickly. There is more privatization, commercial investment, and reliance on space-based assets. In this changing environment, the lack of a comprehensive space law creates legal uncertainty around key issues such as licensing, liability, insurance, spectrum allocation, and intellectual property. Without clear rules, private sector growth may face challenges, and international partnerships could become harder.
At the same time, space is essential for national security because it supports communication, navigation, and surveillance systems. A clear legal framework is needed to protect India’s sovereignty in space, manage private involvement, and ensure compliance with international obligations. A solid law would help India encourage innovation, safeguard its strategic interests, and improve its global standing in space governance.
4.International Legal Framework: Where India Stands
India is part of four of the five main United Nations space treaties: the Outer Space Treaty (1967), the Rescue Agreement (1968), the Liability Convention (1972), and the Registration Convention (1976). These treaties establish important rules, such as using outer space peacefully, taking responsibility for damages caused by space objects, and registering space activities. However, India signed the Moon Agreement in 1979 but has not ratified it. This agreement addresses the exploration and use of lunar and other space resources as a shared heritage of humanity. This creates a significant gap, especially with the growing global interest in lunar mining and the use of space resources.In 2023, India signed the Artemis Accords, a U.S.-led initiative that builds on the Outer Space Treaty. It encourages peaceful, open, and sustainable exploration of the Moon and beyond.Despite its active role in international space law, India does not yet have a domestic legal framework to tackle issues like commercial exploitation, resource ownership, environmental protections, and private sector accountability. As India’s space program becomes more ambitious and focused on commercial interests, it is important to match its domestic and international legal commitments. This will help ensure clear guidelines, compliance, and leadership in the changing landscape of space governance.
5.Private Actors and Legal Vacuum
India’s space sector is evolving quickly, driven by private companies like Skyroot Aerospace, Agnikul Cosmos, and Pixxel. They are transforming the industry with their launch vehicles, satellites, and space services. Although these advancements support the government’s goal to open the space sector, they face challenges because there is no clear legal framework. Important issues such as liability for damage, required insurance, spectrum allocation, and licensing remain unclear.Such ambiguity scares away investment, hampers growth, and makes international cooperation difficult. Recent policy adjustments are encouraging, but they need a strong law to become functional. To actually unlock the potential of India’s private space sector, we need an operational system of law that provides clarity, responsibility, and allows us to compete on the world stage.
6.Lessons from Global Space Laws
As space becomes more commercial, countries like the United States, Luxembourg, Japan, and the UAE have created strong legal systems to regulate and support private sector involvement. The U.S. has laws such as the Commercial Space Launch Act and the Space Resource Exploration and Utilization Act.These laws establish licensing procedures and acknowledge rights over extracted space resources. Luxembourg has laws that make it a global center for space mining by giving legal certainty to investors. Japan’s Space Activities Act regulates private launches and defines liability. It also encourages innovation with government oversight. The UAE’s National Space Law offers a fair framework for government and commercial space projects, establishing clear rules for licensing and compliance.
These global examples show that strong space laws can boost investor confidence, support sustainable development, and link national goals to international commitments. India can learn from these practices by creating a legal framework that covers licensing, liability, insurance, and resource rights. This framework would also promote innovation while protecting national interests. By doing this, India could fully realize the potential of its space economy and improve its global standing in space governance.
7.Strategic Implications: Space as a Military and Diplomatic Landscape
Outer space is now a part of military and geopolitical strategy. Satellites play a key role in surveillance, communications, navigation, and missile targeting. Space assets are vital for national defense. India’s 2019 anti-satellite test, “Mission Shakti,” showed an improvement in strategic capability. It also generated concern regarding the use of space weapons and space junk. As major powers like the U.S., China, and Russia develop space military capabilities, the threat of war and arms races hangs over the horizon.
Space Law and India’s Position
Current treaties, like the Outer Space Treaty, prohibit weapons of mass destruction in space. But they are playing catch-up where newer threats like ASATs, space asset cyberattacks, and multi-purpose technologies are concerned. India has opportunities and challenges cut out for it in this changing equation. It must set up a robust legal regime governing defense-related space activities. It should give coordination among civilian and military applications of space. India should also undertake measures for the management of space debris. In so doing, India should engage in active international diplomacy to set new norms for responsible behavior in space. Clear legal and strategic guidance is crucial to protecting India’s interests and furthering global space security.
8.Sustainability and Space Debris Management
As the pace of space activity increases, environmental issues are now reaching beyond Earth’s atmosphere. Thousands of dead satellites, rocket components, and pieces of debris orbit the planet today, seriously endangering operational spacecraft and upcoming missions.The growing congestion in space threatens both technological investments and the long-term safety of outer space as a viable environment.As a developing space nation, India has a duty to itself and the global community to address these issues through active regulation and environmental protection. While ISRO follows basic mitigation protocols, India lacks a clear legal framework for preventing debris, managing satellites at the end of their life, and removing debris. To protect its growing presence in space and promote global sustainability, India must establish clear laws and policies that prioritize responsible space activities, encourage innovation in debris reduction technologies, and adopt international best practices.
9.Towards an Indian Space Act: What It Must Contain
As India’s space industry develops rapidly, India urgently needs a clear and contemporary Indian Space Act. The act should define the terms for licensing of space activities, liability in case of accident or damage, insurance obligations, and safeguarding intellectual property rights.It has to deal with important issues like preventing space debris, regulation of satellite spectrum, and defining mechanisms for resolving conflicts.The Act should clearly determine the responsibilities and roles of various stakeholders, such as private companies, and establish that they adhere to national and international standards. Organizations like IN-SPACe (Indian National Space Promotion and Authorization Center) will have a major role to play in regulating and authorizing non-government space activities. Coordination with the Department of Space and ISRO would be essential in implementing a well-balanced framework that encourages innovation while ensuring responsibility, safety, and sustainability. A good Indian Space Act would enhance investor confidence and industry growth and make India a responsible, visionary spacefaring nation.
10.Conclusion: Mapping India’s Legal Path Beyond the Stratosphere
As India rises in the international space arena—with ambitious missions, expanding private engagement, and greater strategic ambitions—its legal and regulatory framework needs to keep step with this shift. The space industry is no longer uniquely the province of governments; it has added players such as startups, investors, international partnerships, and defense priorities. In this rapidly transforming environment, a total, future-oriented legal framework is not a hollow ritual—it is critical.
Regulatory certainty will inspire confidence in private participants, and preemption in policy-making will foresee threats such as overcrowding, space debris, and conflict of interest. Above all, India can demonstrate leadership by establishing global standards and promoting peaceful, sustainable, and equitable utilization of outer space. A new Indian Space Act, informed by innovation and responsibility, should neither be looked at as a limitation, but as a strong facilitator of development, security, and international salience. With proper combinations of legal specificity, institutional organization, and leadership vision, India can establish a legal path equal to its scientific prowess and make it a space power of the future.
11.References
Outer Space Treaty, 1967 – The foundation of international space law.
UN Office for Outer Space Affairs (UNOOSA):
https://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/introouterspacetreaty.html
Moon Agreement, 1979 – https://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/intromoon-agreement.html
Space Activities Bill, 2017 (Draft)
https://prsindia.org/billtrack/the-space-activities-bill-2017
ISRO Annual Reports –
https://www.isro.gov.in/AnnualReports.html
Chandrayaan and Gaganyaan missions – Great case studies showing why legal clarity is needed (e.g., on liability, private partnerships).
Dr. Ranjana Kaul, Legal Aspects of India’s Space Activities, in multiple journals and ORF articles: https://www.orfonline.org/research/space-policy-of-india/
Sinha, Rakesh (2020). “India’s Space Policy and Its Legal Framework: Need for a Clear Legislative Framework” – published in the Journal of Space Law or NALSAR Space Law Centre blogs.
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