Source: The post India needs strong space laws for growth has been created, based on the article “Why India needs a national space law” published in “The Hindu” on 21st August 2025. India needs strong space laws for growth.
UPSC Syllabus Topic: GS Paper 3- Achievements of Indians in science & technology
Context: India will celebrate its second National Space Day on August 23. Missions advance fast, but law lags. The article argues that enforceable national space legislation must match India’s exploration and commercial ambitions.
National momentum, legal lag
- Celebrations and missions: Chandrayaan-3 landed near the lunar south pole. Gaganyaan, future Chandrayaan missions, and the Bharat Antariksh Station are planned. Ambition is high.
- Policy intent versus legal gap: The programme grows, yet the legal architecture remains weak. Law must guide exploration, innovation, and commerce.
- Why this matters now: Rising activity increases risk and responsibility. Without clear rules, growth slows and disputes rise.
Global frameworks and their limits
- Foundational UN principles: The 1967 Outer Space Treaty makes space the province of all mankind, bars national appropriation, and places state responsibility for all national activities, public or private.
- Treaties need domestic effect: Companion agreements set rights and liability. They are not self-executing. States must implement them at home.
- Call for national legislation: UNOOSA’s Aarti Holla-Maini says national laws give domestic effect to UN principles and enable safe, sustainable growth. India has ratified key treaties but lacks a comprehensive law.
Why national legislation matters
- Predictability and clarity: UNOOSA’s Rossana Deim-Hoffmann notes that national laws provide predictability, legal clarity, and stability for government and industry.
- Lessons from other countries: Japan, Luxembourg, and the U.S. have frameworks for licensing, liability coverage, and commercial rights.
- Policy is not enough: Policy signals intent; law creates enforceable structures that investors and operators rely on.
India’s incremental strategy
- Two interdependent aspects: Ranjana Kaul lists two parts: (i) technical regulations for commercial operations under Article VI, and (ii) an overarching “space activities law.”
- Progress on authorisation: India issued the Catalogue of Indian Standards for Space Industry, the Indian Space Policy for non-governmental activities, and IN-SPACe NPG 2023 for authorising space activities.
- The pending textual framework: The overarching statute to embed Outer Space Treaty norms is still pending.
Industry needs and operational hurdles
- Statutory authority for IN-SPACe: Gp.Capt. T.H. Anand Rao (retd.) seeks formal statutory backing for IN-SPACe as the central regulator.
- Unified, clear licensing: He urges clear licensing rules, timelines, fees, and reasons for decisions to avoid multi-ministry delays, especially for dual-use technologies.
- Capital and FDI clarity: He calls for clear FDI rules (e.g., 100% automatic route for satellite components) to help startups scale.
- Liability, insurance, and IP: India is internationally responsible. Companies should carry third-party insurance, with affordable options for startups. Strong IP protection should encourage partnerships and prevent talent flight.
Safety, debris, and oversight
- Accident probes and debris control: Rao proposes mandatory accident investigations and enforceable space-debris laws.
- Data and communications alignment: A unified framework for space data and satellite communications is needed.
- Independent appellate review: An independent appellate body would reduce conflicts of interest. Without statute, IN-SPACe decisions face procedural vulnerability.
Question for practice:
Discuss the need for comprehensive national space legislation in India and the key provisions it should include.
