Introduction

It was about time that India established itself in the international space regime. The launch of Sputnik in 1957 by the then Soviet Union commenced further exploration across nations. India, in its post-independent phase, drew its attention in using up indigenous technology in construction, launch, and operation of satellites. It began its tryst with space began with the establishment of the Indian National Committee for Space Research or the present Indian Space Research Organization (hereafter ISRO), 1962. In the following year under the tutelage of the erudite Dr Vikram Sarabhai, India launched its first rocket from the Thumba Equatorial Rocket Launching Station (TERLS).[1] Moreover, after that, the launch of its satellite, Aryabhata in 1975, the country’s technological advancement in space propelled forth.

Fast-forward to 2007, it paid off, and India sent Chandrayan- I, it is first unmanned space program to Moon. The agreements India entered with other countries/ space agencies, such as Memorandum of Understanding with National Aeronautics and Space Agency (NASA)[2], European Space Agency (ESA), Bulgaria[3] and several more calls for development and modification of national space policy in India. Consequently, in the past half a century ISRO has launched over 300 satellites for 33 different countries which is a remarkable feat.[4]

Space, in India, has always been an exclusive public sector domain since time immemorial. It is not until these recent years that it is finally opening up to the private sector, as it will assist in putting things into the orbit and perhaps beyond, thus the private sector will provide services on a commercial basis. While the government will be of course regulating and monitoring what goes into space, it will be seen to it that the industry is not overly regulated as it will lure away investment or plummet investment into jurisdictions having not so rigid regulatory standards. A well-defined policy and Law provide international recognition, “legitimate capitalization of unexplored business opportunities by optimization of available infrastructure and resources, and also promote potential space entrepreneurs, domestic and international”.[5] Also,

  1. It should promote orderly growth of space business by providing legitimacy and due recognition to ongoing space programs,
  2. Promote the betterment of indigenous technology keeping pace with the international standards,
  3. Providing opportunities to potential and competent space operators, domestic as well as international,
  4. Provide penalty to the violators of the space law.[6]

Issue

  • Why India needs a robust space law?

Discussion

  • Background and charter of ISRO

In 1958, India became a member of the ad hoc committee constituted by General Assembly, its Committee on the Peaceful Uses of Outer Space (COPUOS)[7] and its various subcommittees (a scientific and a technical one), the only international forum for the development of international Space Law. This Committee has been integral in negotiating five international treaties covering space of which India is a signatory, namely:

  1. The Outer Space Treaty, 1967[8]; this treaty governs the activities of states in exploration and use of outer space, including Moon and other celestial bodies.
  2. The Rescue Agreement, 1968[9]; the agreement looks into the rescuing of astronauts, their safe return and the return of the objects that had been launched into outer space.
  3. The Liability Convention, 1972[10]; this agreement speaks about international liability for damage caused by space objects.
  4. The Registration Convention, 1975[11]; this is a convention on registration of objects in outer space.
  5. The Moon Treaty, 1979[12]; the agreement governs the Activities of States on the Moon and other celestial bodies.

ISRO implements numerous programs of the Department of Space (DOS hereafter) to promote space technology in India, such as the Launch Vehicle Program, INSAT Program for broadcasting, telecommunications, the Remote Sensing Program for the application of satellite imagery for developmental purposes. Furthermore, to promote space science ISRO provides services (as per DOS guidelines) such as space infrastructure for telecommunication needs of India, satellite services for weather broadcasting, forecasting, meteorology and so on, satellite imagery and so on. There exist several institutions which operate in close collaboration with ISRO Satellite Centre (ISAC), Space Applications Centre (SAC), ISRO Inertial Systems Unit (IISU) and National Remote Sensing Agency (NRSA), Liquid Propulsion Systems Centre (LPSC). This partnership has led to the involvement of about five hundred small, medium, large scale industries through the means of the procurement contract, know-how transfers or provision of technical consultancy.

  • The present scenario in the country

India is emerging as a potential participant in the international commercial space market. The topic of discussions such as authorization, contracts, dispute resolution, licensing, data processing and distribution associated to earth observation services, insurance, certification of space technology, legal issues connected to launch services, stamp duty needs to be addressed. The requisite statute and laws need to be revised to bring space law-related issues into domestic laws.[13] To make the above stance clear, for instance, there exist provisions for participation of private satellite systems. However, none to legally protect the operator or the government from absolving its liability in case of damages. Thus, the intellectual property right laws have been yet exclusive of space-related issues. As it is, The ISRO produces IP rights like patents, data rights, trademark. Thereby, the Indian domestic space law should include provisos for the peaceful use of the outer space for the ubiquitous holistic benefit of humankind.

India ranks fifth in global space technology, which is a remarkable achievement and in no way can it neglect space legislation.[14] The nascent regulatory framework for space activities is defined by the Government of India as per its terms of policies, procedures. A few of them includes, Remote Sensing Data Policy, 2011 came into force and did away with the inadequate provisions that nested in the 2001 policy such as it lifted the restrictions on the supply of satellite data up to 1m resolution getting clearance from government’s High-Resolution Image Clearance Committee (NRSC)[15]; a policy framework for satellite commination in India (the SATCOM policy), followed by the SATCOM norms and the technology transfer policy of ISRO.[16]

  • The need for space law

India had been a signatory to the Convention on International Liability for Damage Caused by Space Objects, 1972 since its inception. With the contemporary issue of space issue doing its rounds, India was involved in the centre of an international dispute after space debris from an Indian satellite, landed in a hamlet in Japan. Thus, as a signatory to the convention, India had an absolute liability to pay for the damage caused by its satellite as it was returning to the earth. With no national space law and policy at hand, it is, of course, difficult for India to determine and quantify the damage caused and to squeeze out of the situation. No doubt, space law and policy would go a long way in the solidifying the space war strategy and security.

However, this can not be denied that India is carrying itself ahead, and is evident with the formulation of Indian Space Act, the draft namely, Geospatial Information Regulation Bill, 2016, which is still pending consideration. As per ISRO’s chief, K. Sivan, “A Space Act would help the government deal with legal issues arising from objects put up in space and for what happens to them in orbit, or because for them.” The Bill intends to police acquisition, publication and distribution of geospatial information of the country; this seems to be a narrow scope because right now we need a law that primarily protects the sovereign, public and commercial interests on all aspects.[17]

As for the Bill, Nirmala Siatraman declared his intention to transform India into a self-reliant one. After the government of India put out forms for the press release, the ISRO chief made a statement about how India is taking its baby steps. Two bills, the draft Geospatial Information Regulation, 2016[18] and the Draft Space Activities Bill, 2017 had faced vehement criticism from numerous stakeholders, hence the latter Bill, which encourage to do away with the government monopoly and allows participation of non-governmental entities in the space forum.

Conclusion

It is long overdue that India brings in robust space legislation. Following Article 51 and Article 253 of the Indian Constitution, India is to bring requisite and relevant legislation that would not only nurture and advance the public-private partnership but also channelize the indigenous knowledge further. It should be noted that once the Bill is assented and turned into the Act, the government should not overly regulate the private sector. Another outcome which might come out of this partnership of that India will be affirmatively forced to take an active stance in its foreign direct investment-related to technologies, and other space issues. The more permissive the regime be, the more likely that the country will attract investment into this sector, making India a space hub in the international space industry.