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EVOLUTION OF SPACE LAWS IN INDIA

Publications, Research paper

Abstract

This research paper studies and analyzes the evolution of space laws in India, it also states the current trends and recent developments in space law. Space law as the name suggests refers to the rules, regulations, and activities that are performed in outer space. Such activities incorporate international and domestic activities performed by any space agencies or government body present worldwide. This paper provides an overview of laws and regulations that govern India’s space sector. It also examines the regulatory bodies responsible for overseeing the space bodies in India, such as the Indian Space Research Organisation (ISRO) and the Department of Space. It also deals with the issues and challenges facing the space industry, such as the need for the participation of the private sector and the development of international partnerships. Finally, this paper concludes with the potential changes which should be there in the space sector and further for the growth of space industry in India.

Keywords – Indian Space, ISRO, Space Treaties, Policies, Regulatory Space Agency, Department of Space, SATCOM Policy

Introduction

The commencement of the space industry in India started with a great scientist and statesman who served as the 11th president of India, Dr. Avul Pakir Jainulabdeen Abdul Kalam also known as Dr. A.P.J Adul Kalam. As we all know there is a very fascinating story about India’s first rocket launch, involving a bicycle and a Church. In the 1960s it was a time when most countries including the USA and USSR were gearing up for the space race. It was then that the physicist and astronomer Dr. Vikram Sarabhai, had found a small fishing village called Thumba in Trivandrum. He then decided that it was the perfect spot to launch India’s first rocket. But there was a slight hitch because there was already something on that spot at St. Mary Magdalene Church. Sarabhai believed that the Church was located on the earth’s magnetic equator. For those who don’t know the earth’s magnetic equator is an imaginary line passing around the earth near the equator on which the magnetic needle moves from North to South. Sarabhai and his colleagues along with Dr. APJ Abdul Kalam then visited the Church to ask for permission from the father of the Church for launching the rocket. The father instead of giving them a clear answer asked them to attend Sunday mass. At the mass, the father[1] addressed the people by saying, “These scientists have come here to enrich our country with the knowledge of space and to launch a rocket from our Church”. The villagers without any hesitation said Amen and signed the papers for moving to the neighboring village. The villagers also helped build the rocket outside the Church and built a Church for conducting mass and praying to God. Now, the parts required for the NASA-made rocket, Nike-Apache, were so small that they were carried on a bicycle and bullock cart. Finally, on November 21st, 1963, India’s first rocket was launched into space. Thumba Equatorial Rocket Launching Station eventually became Virkam Sarabhai Space Centre (VSSC). There are various laws and treaties mentioned below which govern international law, these treaties have been enacted for certain controlling of space programs at the international level.

Conventions and Treaties

  • The Outer Space Treaty, 1967 – this deals with the outer space and the exploration of it.
  • The Rescue Agreement, 1968 – rescue agreement deals with the safe return of astronauts, and the objects which are sent to space for research stuff.
  • The Liability Convention, 1972 – this tells us about the damage that is caused by space objects.
  • The Registration Convention, 1975 – Registration of objects in outer space
  • The Moon Treaty of 1979 – this treaty is all about the activities happening on moon and other celestial bodies[1]

India has the biggest space organizations, ISRO, but there is a lack of legal structure. India is a part of these five treaties mentioned above and also a signatory to THE MOON TREATY OF 1979.

Indian Space Laws

India’s space market has been majorly grown by investments which are from other countries. In India space scrutiny and all managerial activities of space are directly controlled by the Prime Minister’s Office, but on the other hand, ISRO has given Indian space a successful popularity among the other nations. India’s name is on the world map as a major firing station and as a good power. Some policies are followed by India during space exploration and ISRO implements various programs which are given a green signal by the Department of Space (DOS) to promote space technology in India. These programs include the Launch Vehicle Program, the INSAT Program for broadcasting, telecommunications, and the Remote Sensing Program for the application of satellite imagery for development purposes. Further, ISRO provides services, such as space infrastructure for the telecommunications needs of India, satellite services for weather broadcasting, forecasting, meteorology, and much more satellite imagery too. Several institutions are in collaboration with ISRO such as various programs[2]. Due to this collaboration, there are about 500 small, medium, and large-scale industries connected with ISRO for promoting the space industry in India.

India has a great market for space and is currently growing faster than expected so in order to deal with all the other stuffs India has to deal with space activities and are looking in various aspects which will help it grow. India’s contribution to the space industry has also been at large and recently on July 22nd, 2019 ISRO launched Chandrayaan-2. It was a highly complex mission and it consists of an Orbiter, a Lander, and Rover to explore the unexplored South Pole of Mars[3]. Now coming back to the policies and laws that govern the Indian space laws, there are various policies that we’ll discuss in detail now. The entire space laws in India are contained in the following policies:

  1. A POLICY FRAMEWORK FOR SATELLITE COMMUNICATIONS IN INDIA (SATCOM)

A policy which controls the satellite communication in India. The government here deals with all the norms and aspects that will help in the communication of satellite aspects in the country. [4].

  • NORMS, GUIDELINES, AND PROCEDURE (SATCOM) OLICY, 2000

There are various norms guidelines and procedure which are to be followed by the space department. These orders are given by the central government and the Prime Minister has full control over it.[5].

  • REMOTE DATA SENSING POLICY, 2011

The government has allowed high resolution meters which will help to sense the data and analyse it, where is it coming from and all other further aspects. [6].

  • THE TECHNOLOGY TRANSFER POLICY OF ISRO

Increase for the participation of private sector in the country which will help the space agencies to grow more in India.[7].

Article 51 and Article 73 promotes various obligations which are present there under the Vienna Convention of the Law of treaties 1968 and it reduces the vulnerability of space stuffs.

Draft Policies and Bills in Indian Space Law

The recent growth in the space industry in India has led to the formation of certain initiatives by the government to promote and regulate it. There are some bills and treaties mentioned below: –

  1. National Space Transportation Policy
  2. Humans in Space Policy for India
  3. Space Activities Bill, 2017

INDIAN REGULATORY AGENCY FOR SPACE TECHNOLOGY

  1. The Indian Space Research Organisation (ISRO)
  2. Indian National Space Promotion and Authorization Centre (IN-Space)
  3. New Space India Limited (NSIL)
  4. Antrix Corporation Limited (ACL)

Research Methodology

The research paper is based on doctrinal analysis and the data collected is from primary and secondary sources. Primary sources include legal sources such as regulatory laws. Secondary sources include journals, books, articles, opinions, and blogs.

Review of Literature

Fabio Leonardi, “The Sky is Not the Limit: A Review of U.S. Space Transportation Law from a WTO Perspective”, IJIEL, Volume 1, 2011, pp. 4-40

This paper analyses and delas with the formation and particulate of certain factors which affect the Indian economy in space. So, as you know the space industry is very wide in India and it helps the structural outgrow to accommodate the history of Indian space services and has outgrown them so, in order to deal with that such various Fabio Leonardi said that limit.

Dr. S. Bhatt, “Law and Space Research”, ICAO, Volume 2, 1999, pp. 28-63[2]

This article reflects on the theme of law and science by analysing their synthesis and then would analyze the implications of space research on law. The major purpose of this article is to give a general understanding of the development of space law and to bring forward the link between space law and science.

Dr. Sandeepa Bhat B and Dr. P. Ishwara Bhat, “Legal Framework of State Responsibility and Liability for Private Space Activities”, KLJ, 2005, pp. 132-150

The article focuses on the justifiability of holding the States responsible or liable for the activities to which they have no direct connection. It also looks into the scope of the modern notions of State responsibility and liability in the treaties relating to outer space [14].

Method

This research paper indicates and pronounces methods which were not used before and there is a capability which will help everyone who will read it. So, the methodology has been kept simple and easy and all internet method, various articles, pronouns, activist and interviews are there which conclude this research. This method is so easy that anyone can read it and with the help of that gain some knowledge which will help them to write or conduct their own research.

Conclusion

To sum up, India has achieved substantial success in their space legislation and the arrangement of a solid space structure. The nation’s space sector has expanded quickly, with the Indian Space Research Organisation (ISRO) significantly contributing to the advancement of space exploration, satellite technology, and space applications. A significant achievement was made in 2017 when the Space Activities Act was implemented, creating a legal basis for Indian space activities with an emphasis on private sector involvement in the industry. The creation of the Indian National Space Promotion and Authorization Centre (IN-SPACE) in 2020 simplified the authorization process for private space activities, which encouraged creativity and business development in the industry.

Suggestions

  1. India should keep up its involvement in international partnerships and collaborations to promote the exchange of information, technology, and collective space missions. Such collaborative efforts can help India expand its space abilities while also contributing to worldwide space exploration and scientific studies.
  2. Emphasis on Regulatory Clarity: To stimulate private sector involvement and investment in the space industry, there should be an ongoing attempt to provide straightforward and transparent regulations. Laws concerning space should be regularly revised to tackle arising difficulties, technological developments, and changing international space standards.
  3. Foster Commercialization and Innovation: India should promote the expansion of commercial space activities and invention by providing benefits, funding options, and a supportive environment for startups and private organizations. This may include granting tax advantages, access to amenities and infrastructure, as well as simplified licensing procedures.
  4. Investing in space-related educational programs is essential to create a well-educated workforce in the industry. Educational institutions, research facilities, and companies should come together to create specialized courses, training sessions, and internships which can bridge the skills gap and increase the number of qualified personnel. Additionally, it is important to improve security measures for India’s space activities by creating effective cybersecurity strategies to protect key infrastructure and fostering international collaboration on debris mitigation.
  5. Raising public knowledge and involvement in space-related activities can create enthusiasm, backing, and a sense of national pride. Ideas such as science education activities, public talks, and shows can assist in motivating the younger generation and persuade more students to go after occupations in STEM (science, technology, engineering, and mathematics).

By adopting these ideas, India can bolster its regulations and framework for space-related activities, enabling prolonged expansion, creativity, and global cooperation in the area of space exploration and technology.

NAME – RUSHAL DWAJ

COLLEGE – NEW LAW COLLEGE BHARATI VIDYAPEETH DEEMED UNIVERSITY

BBA L.L.B 4th YEAR

[1] Conventions and Treaties – https://www.lexology.com/library/detail.aspx?g=4d90359c-b79e-40c3-8d2c-8c9fdf308484

[2] Research Methodology in space laws – https://deliverypdf.ssrn.com/delivery.php?ID=030073122122021079005001117097027097046038052029001020118029083093021121125026093086120032033122033062107074123077076107102023117009025075093075009085093014009093029088058067118003115004117115005070113070119123095104076116013125105025088108070104112002&EXT=pdf&INDEX=TRUE