EVOLUTION OF SPACE LAWS IN INDIA

Abstract
The evolution of space laws in India is examined in this research paper, along with current developments and trends. As the name suggests, space law refers to the laws, ordinances, and practices that are carried out in space. These activities include domestic and foreign tasks carried out by space agencies or governmental entities operating globally. An outline of the legislation and rules governing India’s space industry is given in this paper. The Indian Space Research Organisation (ISRO) and the Department of Space are two examples of regulatory authorities that keep an eye on India’s space agencies. The space industry’s obstacles and difficulties are also covered, including the necessity of private sector involvement and the formation of multinational alliances. This essay finishes with some adjustments that the space industry might benefit from, both now and in the future as India’s space industry expands.
Keywords – Indian Space, ISRO, Space Treaties, Policies, Regulatory Space Agency, Department of Space, SATCOM Policy

                                                    Introduction

The history of space law has its roots in various academic perspectives. The need for a new law was first mentioned in a magazine in 1910, and for more than 20 years after that first mention, space law was a formless and insubstantial idea. In 1932, the first comprehensive monograph was published, presenting the important and basic concepts of the laws of the universe. Brief commentaries appeared in the 1930s and 1940s. His first paper on space law was published in 1953. By 1954, several international exchanges had taken place among various legal scholars and commentators concerned with the need for clarification and definition of laws that anticipated human activity in outer space. A new world has opened up for mankind since Russia launched its first artificial satellite, Sputnik 1, on October 4, 1957. The human quest for knowledge to know what lies beyond the earth is the driving force behind such quests. After American astronaut Neil Armstrong became the first man to set foot on the moon, further questions were answered about whether humans could walk on the moon and build houses in the same way as on Earth. Over time, the amount of knowledge gained and accumulated about the universe has been enormous, proving our ability to start discovering space environments. It must also be added that this discovery has accelerated the pace of space exploration. These space explorations have brought new ideas to the development of many fields, including science, medicine, communications, and life itself. Since then, previously proposed ideas were not merely abstract and were not confined to academic ideas. As countries began to place objects in outer space, these concepts began to be considered to establish new legally relevant bodies to regulate human activity in space. After the launch of Sputnik, international discussions began with the international community and legal scholars around the world on the laws governing human activity in outer space, and discussions were held on possible principles, requirements, and prohibitions for enacting laws in outer space. Done. Only recently has the regulation of such activities in space been seriously discussed. Space law is the national and international laws and regulations, and treaties made to enable, control, and regulate international and domestic commercial and governmental and international or national defense activities related to space around the world., agreements, collections of agreements. Many legal advisors, pragmatists, and innovators have contributed to space law, and the resulting “law” is unstable, hard and soft, nationally and internationally accepted, it’s been discussed.
Evolution of Space Law helps us understand the stages of evolution of space law, the reasons for its development, and the foundations on which it was born. It helps to understand the importance of law in space activities. It also helps us understand the legal landscape surrounding space law, which needs to be reformed to keep up with technological advances and the resulting legal complexities. The purpose of this article is to examine the field of space law and the factors that have led to its role as a global superpower. H. The United States and the Soviet Union analyze the current situation and concerns of developing countries in the development of space law and current legal concerns regarding further development of space law. This article examines the different stages in the development of space law, the role of different organizations in its development, and the role of developed and developing countries in creating the legal frameworks that regulate activities in space. The article also discusses concerns of developing countries regarding legislation. Add to this the legal challenges the world is currently facing due to the rapid development of space technology and the need for reform of the current Outer Space Treaty.
Dr. Avul Pakir Jainulabdeen Abdul Kalam, better known as Dr. A.P.J. Adul Kalam, was a famous scientist and statesman who served as the 11th president of India and helped launch the country’s space industry. As we all know, the first rocket launch in India has an interesting backstory that involves a church and a bicycle. Most nations, including the USSR and the USA, were preparing for the space race in the 1960s. Around that time, Dr. Vikram Sarabhai, a physicist, and astronomer, discovered a small fishing community in Trivandrum named Thumba. He then determined that the first rocket to be launched from India would be the ideal location. A small problem, though, was that St. Mary Magdalene Church already had something there. The Church, according to Sarabhai, is situated at the magnetic equator of the planet. For those who don’t know, the magnetic equator of the globe is an illustrative line that circles the planet close to its equator along which the magnetic needle flows from North to South. Then, Sarabhai went to the Church to petition the church’s founder for permission to launch the rocket with the help of his colleagues and Dr. APJ Abdul Kalam. Rather than providing a direct response, the father urged them to attend Sunday church. The father said, “These scientists have come here to enrich our country with the knowledge of space and to launch a rocket from our Church,” as he addressed the crowd during the liturgy. The inhabitants signed the paperwork for relocating to the adjacent village without any doubt and said Amen. The locals also constructed the rocket outside the church and a place to worship God and hold services. Now, the components needed for the NASA-built rocket known as Nike-Apache were so small that they were transported using a bicycle and bullock cart. India’s first rocket was finally launched into orbit on November 21, 1963. The Vikram Sarabhai Space Centre (VSSC) eventually replaced the Thumba Equatorial Rocket Launching Station. The laws and treaties listed below, which regulate international law, have been passed to control certain international space programs.
Conventions and Treaties
⮚ The Outer Space Treaty, 1967 –deals with 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.
⮚ 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 the moon and other celestial bodies [1]
India has the biggest space organization, 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
The majority of the investments from foreign nations have helped India’s space market expand. The Prime Minister’s Office in India is directly in charge of overseeing all management actions related to space, although ISRO has helped to make Indian space a success outside. India is known as a powerful nation and a significant firing station on the global stage. To advance space technology in India, ISRO executes several programs that have received approval from the Department of Space (DOS). India adheres to several policies when exploring space. These programs include the Launch Vehicle Program, the INSAT Program for broadcasting and telecommunications, and the Remote Sensing Program for the use of satellite imagery for development objectives. In addition, ISRO offers satellite services for weather broadcasting, forecasting, meteorology, and much more satellite imaging, as well as space infrastructure for India’s telecommunications needs. Numerous organizations, including numerous projects, collaborate with ISRO. Due to this partnership, around 500 small, medium, and large-scale enterprises are linked with ISRO to support the space sector in India. India has a sizable space market and is currently expanding quicker than anticipated, therefore it must deal with space activities and is looking into various factors that will aid in its growth to handle all the other things. India has made significant contributions to the space sector, and most recently, on July 22, 2019, ISRO launched Chandrayaan-2. It was a challenging mission that included an orbiter, a lander, and a rover to investigate Mars’ undiscovered South Pole. Reverting to the laws and policies that control Indian space law, there are several policies that we’ll go through in more detail right now. The following policies comprise India’s full space laws:

1. A POLICY FRAMEWORK FOR SATELLITE COMMUNICATIONS IN INDIA (SATCOM)
   A policy that regulates Indian satellite communication. The local government is in charge of all laws and regulations that will support satellite communication within the nation. [4].
2. NORMS, GUIDELINES, AND PROCEDURE (SATCOM) OLICY, 2000
   The space department must adhere to several rules, regulations, and procedures. The Prime Minister has complete authority over these directives, which are issued by the national government.[5].
3. REMOTE DATA SENSING POLICY, 2011
   High-resolution meters that can sense data and analyze it to determine where it comes from and other factors have been approved by the government. [6].
4. THE TECHNOLOGY TRANSFER POLICY OF ISRO
   Expanding the private sector’s involvement in the nation will aid Indian space agencies in expanding their operations.[7].
   The Vienna Convention of the Law of Treaties of 1968, which is promoted in Articles 51 and 73, promotes a number of the duties that are present there and lessens the vulnerability of space goods. Draft laws and policies related to Indian Space Law

Several government initiatives to promote and oversee the space sector have been created as a result of the country’s recent growth. Below are a few of the laws and agreements mentioned: –

1. National Space Transportation Policy
2. Humans in Space Policy for India
3. Space Activities Bill, 2017 Indian Space Technology Regulation Agency
4. The Indian Space Research Organisation (ISRO)
5. Indian National Space Promotion and Authorization Centre (IN-Space)
6. New Space India Limited (NSIL)
7. Antrix Corporation Limited (ACL)
   Private Indian Satellite Systems
   Indian companies with less than 74% foreign capital are allowed to emplace Indian satellite systems under Satellite Communications Policy and Procedure 200084. To register a satellite, an application must be submitted to the Commission for Establishment and Authorization of Satellite Systems of India (CAISS). Systems owned by such companies. CAISS’s office is located within his SATCOM program office at his ISRO headquarters in Bangalore. Satellite system operations and orbital spectrum submission/registration are authorized by CAISS. Applications are processed for approval by an inter-ministerial committee chaired by the Minister of Space. His WPC Division of the Ministry of Communications is responsible for representing the private operators of Indian satellite systems to the International Telecommunications Union (ITU) in terms of orbital position and radio frequency reporting and registration. It is necessary to comply with the provisions of the Foreign Stock Exchange Management Law (Foreign Stock Exchange Management Law). 42 OF 1999) and the Foreign Exchange Control Regulations (Transfer or Issuance of Collateral by Non-Residents of India) (Notification No. FEMA 32/2000-RB dated 26 December 2000) It applies to private satellite companies in India who wish to transfer or issue collateral by Up to 74% foreign capital will be invested to operate private satellite systems in India. Such investments are permitted after obtaining the approval of the Foreign Investment Promotion Committee, part of the Economic Affairs Department, Ministry of Finance. Note that although the Satellite Communications Policy and Procedures of 2000 permits the installation of satellite systems by foreign companies in India, no company has yet been granted permission. It must be emphasized that in the context of encouraging the establishment of private satellite systems and facilitating the development of space commerce, the issue of “long-term in-orbit liability” is, by far, the most complex for the successful operation of private satellite systems, and India needs to address this critical issue. In doing so, the following ought to be dealt with:
   (i) insurance products that will offer long-term coverage for space assets;
   (ii) comprehensive licensing requirements to facilitate the establishment of private satellite systems;
   (iii) a monitoring and verification mechanism to enable not only constant supervision but also to ascertain the status of a specific Indian private space asset and the factum of damage caused by or to an Indian private space asset; and,
   (iv) appropriate legal and procedural mechanisms for Indian private satellite operators to file and defend claims about their space assets. Dealing appropriately with the issue of liability for damage caused by private space objects is the necessary first step that India must take because, under the relevant provisions of the 1967 Outer Space Treaty and the 1972 Liability Convention, the Government of India bears international responsibility and liability for the activities of its public and private entities in space. However, according to publicly available information, India has yet to address these legal issues.

Research Methodology
Data was gathered from primary and secondary sources for the study article, which is based on doctrinal analysis. Legal sources, including regulatory legislation, are among the primary sources. Journals, books, articles, blogs, and other secondary materials fall under this category.
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 essay examines the production and distribution of a few factors that have an impact on the Indian economy in space. As a result, the space sector is quite large in India as you are probably aware, and it aids in structural outgrowth to accommodate the development of Indian space services through time. Fabio Leonardi claimed that limit to dealing with this.
Dr. S. Bhatt, “Law and Space Research”, ICAO, Volume 2, 1999, pp. 28-63
The theme of law and science is examined in this article by first examining how they are synthesized, and then it is examined how space research affects the law. This article’s main goals are to explain how space law has evolved and to highlight the relationship between science and space law.
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’s main argument is whether it is appropriate to hold governments accountable for actions they have no direct involvement. The treaties about outer space also examine the reach of contemporary ideas of State duty and culpability [14].

Method
The approaches that are mentioned in this research report have never been employed before, and they have the potential to be helpful to anyone who reads them. Therefore, the approach was kept straightforward and uncomplicated, and this research was concluded using all available online resources, including publications, interviews, pronouns, activist materials, and numerous papers. This approach is so simple that anyone can read it and learn something from it that will help them write or conduct their study.

Suggestions

1. To advance the sharing of knowledge, technology, and joint space missions, India should continue its participation in international alliances and partnerships. Such cooperative initiatives can aid India’s space capabilities expansion while also advancing scientific research and space exploration globally.
2. Emphasis on Regulatory Clarity: Consistent efforts should be made to ensure clear and transparent regulations to encourage private sector involvement and investment in the space industry. Laws about space should be updated regularly to address new challenges, technical advancements, and evolving international space standards.
3. Encourage Commercialization and Innovation: By offering advantages, financial choices, and a welcoming atmosphere for new businesses and private groups, India should encourage the spread of commercial space operations and inventions. This might entail offering access to services and infrastructure, tax breaks, and streamlined licensing processes.
4. Specialized courses, training sessions, and internships should be developed to close the skills gap and enhance the pool of qualified workers, hence it is crucial to invest in space-related educational programs. The industry needs a strong labor force, too. By developing efficient cybersecurity techniques to safeguard crucial infrastructure and encouraging global cooperation on debris mitigation, educational institutions, research centers, and businesses can enhance security measures for India’s space activities.
5. Increasing public awareness of and participation in space-related activities can foster zeal, support, and a sense of pride in one’s country. The younger generation can be inspired and more students can be persuaded to pursue careers in STEM (science, technology, engineering, and mathematics) by ideas like scientific education activities, public presentations, and shows.
   These concepts can help India strengthen its laws and framework for space-related operations, allowing for sustained growth, inventiveness, and international collaboration in the field of space research and technology.

Conclusion
In conclusion, India has made significant progress toward creating sound space legislation and arrangements. The country’s space industry has grown swiftly, with the Indian Space Research Organization (ISRO) making a substantial contribution to the development of satellite technology, space applications, and space exploration. The Space Activities Act’s implementation in 2017, which gave Indian space activities a legal foundation with a focus on private sector participation in the area, was a notable accomplishment. In 2020, the Indian National Space Promotion and Authorization Centre (IN-SPACE) was established, which facilitated the authorization of private space activities and promoted innovation and business growth. Space-related laws are not yet sufficient and appropriate in India as it is a new issues compared to the issues and issues that already have various laws in place. India has enacted a new space law and is proposing a new law on space. There is a need for space law because in modern times there are disputes on all issues and space law is needed to regulate space activities. Since many other countries have their space laws and India cannot rely on international treaties, better space law is the need of the times.

⮚ https://www.lexology.com/library/detail.aspx?g=4d90359c-b79e-40c3-8d2c-8c9fdf308484
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⮚ https://www.sciencedirect.com/science/article/abs/pii/S0265964618300353
⮚ https://www.isro.gov.in/update/21-nov-2017/seeking-comments-draft-space-activities-bill-2017-stake-holders-public-regarding

NAME – SHREYASHI SINGH
COLLEGE – NEW LAW COLLEGE, BHARATI VIDYAPEETH DEEMED UNIVERSITY, PUNE
COURSE- B.A. L.L. B (4th YEAR)