A statutory scaffolding for space pursuits

By Dhruva Kumar Singh

India is framing a national law to provide a comprehensive framework for its expanding space activities. Until now, the country’s space activities have primarily been guided by a general set of principles outlined by the United Nations (UN). The most significant of these is the Outer Space Treaty, adopted by the Committee on the Peaceful Uses of Outer Space (COPUOS) which was established by the UN General Assembly in 1958. The core principles of the treaty are the peaceful use of outer space, use of space for the common benefit of humanity, and prohibition of extending national sovereignty to space.

The committee developed four treaties  as supplements to the treaty: the Rescue Agreement (1968), the Liability Convention (1972), the Registration Convention (1976), and the Moon Agreement (1984). The first three address key aspects of space activities: procedures for the rescue and safe return of astronauts and space objects, guidelines to determine liability for damage caused by space objects (on Earth or in space), and establishing a registry for space objects with provisions for sharing specific details with the UN.

The Moon Agreement, formally known as the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, sets a framework for the exploration and utilisation of the moon and other celestial bodies. Similar to the Outer Space Treaty, it emphasises that outer space and celestial bodies are the “common heritage of mankind”. While 113 countries have ratified the Outer Space Treaty, only 19 nations have ratified the Moon Agreement. Major spacefaring nations, such as the US, Russia, and China, have not signed or ratified this agreement — primarily because it prohibits the commercial use of space resources, and emphasises space as a shared resource for all of humanity.

National space laws reveal a similar pattern. According to the UN Office for Outer Space Affairs, 44 nations have adopted national space laws to incorporate international principles into their domestic legal frameworks. These nations include major powers such as the US, Germany, France, and the UK, as well as those with emerging space activities, like Kenya, Nigeria, and Peru. Typically, these laws offer a regulatory framework to govern both governmental and commercial space operations.

However, there are instances where national space laws appear to contradict the core principles of the Outer Space Treaty, particularly its emphasis on the peaceful use of space, prohibition of national sovereignty in space, and non-commercialisation of resources. For example, in 2019, France enacted a law establishing a space command focused on developing space defence capabilities. Similarly, the US passed the Commercial Space Act which includes provisions for restricting access to space resources and granting patents related to the resources.

This shift reflects the changing realities. Today, space exploration is no longer just a matter of national pride; it has evolved into a highly commercial and profit-driven industry. A notable example is US-based company SpaceX, known for ambitious projects like Starship and the Starlink satellite internet service, which hold immense revenue potential. Additionally, numerous start-ups are transforming the global space industry with innovations. The global space sector is projected to expand at a compound annual growth rate of approximately 10% over the next decade.

India is now recognised as a major space power. But until now, its space programme has been mainly focused on developing indigenous capabilities, leveraging space technology for development — in communications, weather forecasting, and resource management — and utilising space to benefit people with initiatives like telemedicine and tele-education while maintaining the cost-effectiveness and affordability of its space programmes. The commercialisation of space activities has not been a major focus. The five treaties of the UN COPUOS have so far been largely sufficient to meet the needs of India’s space programme.

However, in recent years, the Indian government has shifted focus toward developing national space capabilities, particularly by fostering the growth of space start-ups. This has been achieved through the creation of specific funds for the sector, the introduction of public-private partnership models for space programmes (such as collaborations on launch vehicles), and the setting up of the Indian National Space Promotion and Authorisation Centre (IN-SPACe), a single-window nodal agency to regulate private sector participation. Besides, Space Technology Incubation Centres have been set up to promote innovation.

The Indian Space Policy 2023 outlines the roles of non-governmental entities (NGEs), IN-SPACe, the Indian Space Research Organisation, and the department of space, with the goal of creating a framework to enhance NGE participation, providing a level playing field, and establishing an institutional structure for a thriving ecosystem. It also emphasises space exploration and the goal of human presence in space, in collaboration with domestic and international stakeholders.

Given the anticipated increase in NGE participation, there is a clear need for a statutory framework to regulate space activities. This should address licensing and authorisation, fulfil insurance requirements, protect intellectual property rights, include penalties for unauthorised activities, and ensure all space operations align with national and international interests.

The proposed Bill will play a crucial role in providing regulatory clarity to India’s growing private sector and creating a robust ecosystem for space activities.

The write is chief controller of accounts, ministry of law and justice, Supreme Court of India, and ministry of corporate affairs.

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