Space has heightened the curiosity of mankind for centuries. Due to the advancement in technology, there’s fierce competition amongst nations for the next space war. The developed countries have already made strides in consolidating their position in outer space. India created history by launching a record 104 satellites into the earth’s orbit on February 15, 2017[1].This launch reasserts India’s burgeoning place in the Private International Space market as a reliable and cost effective launching state; yielding staggering returns to the country’s space sector[2]. The country is ushering in an era of privatization and commercialization of space activities, expanding capabilities in space exploration and scientific discovery, commercialize its capabilities to build satellites and offer launch services from indigenously designed and tested workhorse of ISRO Polar Satellite Launching Vehicle (PSLV)[3].

India’s space market has been centralized with major investment pooling in from the government. The country’s space sector has been under high scrutiny and control and is managed directly by the Prime Minister’s Office (PMO)[4]. This extreme control of India’s space market has been nascent. The ISRO has made huge strides in space technology and put India on the world map as a major space faring nation and superpower. But, countries like U.S., Russia, China and France have privatized their space market by offering launch services thereby yielding exponential returns. Indian space market is in transition from being a controlled sector to an open sector. The development of Antrix Corporation, the commercial arm of ISRO asserts the fact that India wants to establish herself as juggernaut in the international space market. Before, India can go upward India needs a comprehensive space law to cover a wide range of issues concerning the exploration of the final frontiers and help consolidate India’s position as an emerging global space power in its own right[5]. Space law can be defined as that branch of law which governs the space related activities and exploration. The international law on outer spaces is contained in five instruments adopted under the auspices of the United Nation (UN) through the General Assembly’s Committee on the Peaceful Uses of Outer Space (COPUOS)[6]. The UNCOPUOS has been the fore-runner in developing the international law on outer space. The five treaties which forms the corpus of the international law on space consists of: -

 

The Outer Space Treaty, 1967:

“State Parties to the Outer Space Treaty bear international responsibility for national activities in outer space including the moon and other celestial bodies, whether such activities are carried out by governmental or non-governmental entities (NGO) and for assuring that national activities are carried out in conformity with the provisions set forth in the Outer Space Treaty[7]. In other words a ratifying State is bound to the principles of exploration and use of outer space for peaceful purposes, international cooperation, no national appropriation and no weaponization. Furthermore, the State is bound to ensure that all that such activities are duly authorized and carried out under its continuing supervision.

“The Outer Space Treaty imposes liability for damage by making a launching state internationally liable for damage to another State Party, its own natural or juridical person on earth, air and outer space, if its space object or component causes damage[8]”.

Rescue agreement, 1968:
The agreement on the rescue of the astronauts, the return of astronauts and the return of object launched into space gives detailed resolution on the duty imposed on the State parties in Article V of Outer Space Treaty[9].

Liability convention, 1972:
Article 7 of the Outer Space Treaty details the liability of the launching state shall be liable to pay compensation for damages caused by its space objects on the surface of Earth or to aircraft and liable for damage due to its faults in space[10].

In this context, the most important thing to be noted is that under the liability convention, it is not the private person who is held liable but the State to which it belongs is held internationally liable. Thus, the States should have national laws to ensure that their specific interests are protected while entering into a contract with any other international entity in areas which call for collaborative space R&D and also to limit liability in cases of damage. But, non-existence of national laws does not absolve liability under this convention.

Registration convention, 1974:
The registration convention requires the launching State to address issues relating to State Parties Responsibilities concerning space object and requires the launching State to maintain the register of the object launched by them in space[11].

Moon agreement, 1979:
The agreement details and reaffirms that the celestial bodies should be used exclusively for peaceful purposes and that their environment should not be disturbed[12]. It states that moon and other celestial body are the common heritage of mankind and no country should assert claim on it.

It is to be well noted that India is a signatory to all these convention and treaties which forms the main corpus of international law on outer space. India has also been actively participating and extending support to a variety of International forums such as United Nations Committee on Peaceful Uses of Outer Space (UNCOPUOS), International Council of Scientific Unions (ICSU), and International Astronautical Federation (IAF) etc. in shaping global space and law policy. Even though India is a member to all these treaties it still has no comprehensive legislation on space related matters[13].

India’s space sector as mentioned above has been under the control of the government which did not necessitate the need for a comprehensive space laws in India[14]. But, as India takes a leap towards privatization it becomes imperative for India to have a dedicated space law.The existing regime of Indian space law is non-extant to say for time being as the entire space law in India is contained in the following policies: -
 

A policy framework for satellite communications in India (SATCOM):

In 1997, the Department of Space framed the Satellite Communication policy, 1997 (SATCOM Policy). Considering the expanse and future possibilities of space activities in India, one would expect this document to be voluminous, running into hundreds of pages containing guidelines for advancement of satellite, telecommunication, broadcasting and exploration of space and other service but what the government released what a meagre 2-page 5-pointer policy. It remains the only policy governing satellite communication in India.

It laid down inter alia the development of satellite communication, launch capabilities and encouraging private investment in space industry. But, the government soon realized the insufficiency of the policy and framed the norms, guidelines & procedure for the SATCOM policy[15].

Norms, Guidelines and procedure (SATCOM) policy, 2000:
The norms laid the procedures to be followed for setting up the satellites system by private Indian companies having less than 74 per cent foreign equity[16]. The policy formed various sub-committees to sanction and authorize the use and rules on sharing of the INSAT satellite system by private companies on commercial basis on ‘capacity and capability’ of transponders and satellites network.

Remote data sensing policy, 2011
The government allowed the transfer of high resolution imaging services up to 1 meter to be distributed on a non-discriminatory and on ‘as requested’ basis freely to be readily available for private use excluding the sensitive imagery data of crucial defense installation in the country[17].The policy apart from opening the remote sensing sector, will remove restriction to facilitate more users access to high resolution data for developmental activities.
 

The technology transfer policy of ISRO

The technology transfer policy of ISRO is aimed at increasing the private participation and investment in the space sector by outsourcing the manufacturing of satellite components, space radars, rocket engines, batteries, space electrical components and optical camera components to national as well as international companies[18]. This will help ISRO focus its entire manpower on R&D thereby opening better avenues for the country in outer space.

The existing regime of Indian space law is insufficient and needs immediate attention of the lawmakers of the country to legislate specifically with regard to national space law. Developing a comprehensive national law will help India achieve greater commercial application of space technology which requires greater participation of private sector in transnational, bilateral and multilateral issues. A national legislation would enlighten the goals and objective of the government in areas related to outer space. Also, it would bring leverage to the nascent private market of the Indian space industry. It would be helpful in assessment of India’s liability in cases of damage to the aircraft flight mission or crash on earth. In such a scenario, there is an imminent need for a national space legislation.Transparency and clarity would be the cardinal principle which will enable lucrative returns from the space sector.The national space law of India should address the legal issues connected to launch services, satellite communications, including satellite broadcasting, issues related to earth observation services as well as data processing, satellite navigational system, regime of intellectual property rights and the liability of the India vis à vis other countries and private entities, dispute resolution and the crowding of the geostationary orbit etc.

End-Notes
[1] ‘India launches a record breaking 104 satellites from single rocket’ The Guardian (February, 15 2017). https://www.theguardian.com/science/2017/feb/15/india-launches-record-breaking-104-satellites-from-single-rocket
[2] ‘ISRO Crosses 50 International Customer Satellite Launch Mark’ Indian Space Research Organization, (March 14, 2017 12:00) http://www.isro.gov.in/isro-crosses-50-international-customer-satellite-launch-mark.
[3] Monish Gulati ‘Antrix: Providing Space Products And Services To International Clients – Analysis’ Eurasian Review Journal (February 28, 2017) http://www.eurasiareview.com/28022017-antrix-providing-space-products-and-services-to-international-clients-analysis/
[4] ‘Indian space research organization’ Skybrokers (March 8, 2017 1:00) http://www.sky-brokers.com/home/services/satellite-manufacturers/indian-space-research-organization-isro-
[5] ‘India just launched 104 satellites, but is still a long way from becoming a global space player’ Scroll.in (March 5, 2017 3:35) https://scroll.in/article/829666/india-just-launched-104-satellites-but-it-has-a-long-way-to-go-to-become-a-global-space-player
[6] Dr Ranjana Kual, ‘ Does India Need Space Laws’ Dua Associates, 2005.
[7] Article VI, Outer Space Treaty, 1967.
[8] Article VII, Outer Space Treaty, 1967.
[9] ‘Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space’ United Nations Office for Outer Space Affairs http://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/introrescueagreement.html (Last visited March 1, 2017).
[10] ‘Convention on the international liability for damage caused by space objects’ opened for signature at London, Moscow and Washington on 29 March 1972, Source: 961 UNTS 187 (hereinafter referred to as 1972 Liability Convention). 74 countries have ratified and 27 countries have signed the convention. [‘Liability’]
[11] ‘Convention on registration of objects launched into outer space’. Adopted by the General Assembly of the United nations, at New York, on 12 November 1974, Source: 1023 UNTS 15 (hereinafter referred to as 1972 Registration Convention). 37 countries have ratified and 4 have signed the Convention. [‘Registration’]
[12] Article 3(2), Outer Space Treaty, 1967.
[13] Kaushik Dhar, ‘Need of Space Law in India’ NALSAR University of Law, Hyderabad, 2011.
[14] Rajana Kaul, Supra 7 Pg. 3
[15]Nikhil Singal, ‘Satellite Communication Policy in India: Time to revisit and revise’ Lakshimikumaran & Sridharan Attorneys. http://www.lakshmisri.com/News-and-Publications/Publications/Articles/Corporate/satellite-communications-policy-in-india-time-to-revisit-revise(last visited March 5, 2017).
[16] ‘Norms, Guidelines and Procedures for Satellite Communications Announced’ ISRO (May 08, 2000) http://www.isro.gov.in/update/08-may-2000/norms-guidelines-and-procedures-satellite-communications-announced.
[17] ‘Remote Data Sensing Policy’ ISRO. https://www.nrsc.gov.in/Remote_Sensing_Data_Policy (Last visited March 7, 2017)
[18] ‘ISRO Technology Transfer’ ISRO. http://www.isro.gov.in/isro-technology-transfer (Last visited March 5, 2017)
www.lakshmisri.com/News-and-Publications/Publications/Articles/Corporate/satellite-communications-policy-in-india-time-to-revisit-revise(last visited March 5, 2017).
[16] ‘Norms, Guidelines and Procedures for Satellite Communications Announced’ ISRO (May 08, 2000) http://www.isro.gov.in/update/08-may-2000/norms-guidelines-and-procedures-satellite-communications-announced.
[17] ‘Remote Data Sensing Policy’ ISRO. https://www.nrsc.gov.in/Remote_Sensing_Data_Policy (Last visited March 7, 2017)
[18] ‘ISRO Technology Transfer’ ISRO. http://www.isro.gov.in/isro-technology-transfer (Last visited March 5, 2017)