THE EXIGENCY OF SPACE LAW IN INDIA BY - NEELANGSHU JYOTI BAGCHI
THE EXIGENCY OF SPACE LAW IN INDIA
AUTHORED BY - NEELANGSHU JYOTI
BAGCHI
Undergraduate Student, BBA LL.B (Hons.)
CHRIST (Deemed to be University)
Lavasa, Pune
INTRODUCTION
India's space programme began in
1963, when a visionary named Dr. Vikram Sarabhai led the country's first rocket
launch. Following that, India's first research satellite, Aryabhatta, was
launched. India's attempts have been crystallised into several operations with
applications in communication, broadcasting, meteorology and oceanography,
natural resource survey, environmental monitoring, and disaster prediction
thanks to the Indian Remote Sensing Satellite (IRS) and Geosynchronous
Satellite (GSAT). In 2017, ISRO launched the world's most powerful home-built
rocket, collaborated with NASA to develop an Earth-imaging satellite, launched
a South Asian satellite, and launched 104 satellites in one flight. It's worth
noting that, as of December 2019, ISRO had launched more than 300 satellites
for 33 different countries.
The Outer Space Treaty, which
governs states' activities in the exploration and use of outer space, including
the Moon and other celestial bodies, was signed by India in 1967 but not
ratified until 1982. In 1979, India accepted the Agreement on the Rescue of
Astronauts, the Return of Astronauts, and the Return of Objects Launched into
Outer Space, as well as the Convention on International Liability for Damage
Caused by Space Objects. In 1982, India signed the Agreement Governing the
Activities of States on the Moon and Other Celestial Bodies and acceded to the
Convention on Registration of Objects Launched into Outer Space.
Any state (party to international
space law treaties) that wishes to support private activity in the space domain
must make arrangements for international accountability with respect to private
activities. This incentive acts as a foundation for the passage of national
space legislation, as legal certainty is required for the development of
commercial activity. Several companies focusing on space activities have been
established in India in recent years. There is regulatory uncertainty in the
Indian space business because there is no law or rule governing end-to-end
commercial space activity. Despite the fact that the Indian government has
created numerous policies to provide regulatory guidance on various commercial
space activities, these policies are incapable of establishing a comprehensive
legal framework.
It can be inferred that the policies
currently laid out merely sketch out what the government of India wants to
achieve; however, with no legal obligation attached to it, the dream of
‘Digital India’ and India becoming a space superpower cannot be achieved and
hence there is an urgent need for proper space legislation in India.
STATEMENT
OF PROBLEM
"Harnessing space technology
for national development while pursuing space science research and planetary
exploration" is the fundamental purpose of India's space programme. The
ISRO's numerous programmes illustrate this, ensuring that space-related
breakthroughs are utilised and made available to the Indian people.
It can be said that India has caught
up to powers like the United States and Russia in terms of space programmes.
This fact merely reinforces the reasonable inference that India must catch up
to these countries in terms of enacting adequate state laws to regulate this
area. Furthermore, the rate at which India continues to carve its mark into the
frontiers of space innovation and technological know-how only strengthens such
a belief. This natural corollary, however, does not hold true. While numerous
countries, like Canada, Germany, the Netherlands, South Africa, and Ukraine,
have meticulously constructed their legal framework despite not being
established space technology tycoons, India lacks national space laws.
India has ratified four and signed
one of the five United Nations treaties pertaining to activities in outer
space. In legal terms, ratification means that a government must pass the
required legislation to give treaties domestic effect within a certain time
limit. Despite the fact that India has been in space for almost four decades,
such legislation has yet to be enacted. The Constitution of India, 1950, the
Satellite Communications Policy, 2000, and the updated Remote Sensing Data
Policy, 2011 are the sole legislative frameworks that control India's space
industry. While Articles 51 and 73 of the Constitution foster respect for
international law and treaty obligations (in accordance with the Vienna
Convention on the Law of Treaties of 1968) and work to promote international
peace and security, the policies are merely a sketch of what the government
intends to do, with no legal obligation attached.
This is why I am writing this research paper
to show why it is essential for India to have its own legislation for all
activities related to space.
HYPOTHESIS
· There is no proper space law in
India
· The current laws in India concerning
space law are of limited scope and are getting outdated
· Other countries like the UK and the
USA have proper space legislation which aids their growth in the field
·
In order to foster the growth of the
Indian space industry and enable private entities to contribute towards making
India a space superpower, robust space legislation is all the more imperative.
RESEARCH
OBJECTIVES
The objectives of this research are:
· To analyse the background of space
legislation of India
· To critically analyse the current
space legislation of India
· To analyse the space legislation of
leading nations like the UK and the USA and compare their laws to those of
India, hence finding the gaps between India and those countries and finding out
the need of proper space laws in India
· To suggest what laws can be made
regarding the same
CHAPTER 1
ISRO: The Advent of India’s Space
Journey
India's space programme began in
1962, not long after the country gained independence from the British in 1947.
With the establishment of the Indian Space Research Organisation (ISRO) in
1969, the programme received its first impetus. In mid-1972, the Indian
government established the Space Commission of India (the Space Commission) and
the Department of Space (DOS), and in September 1972, the ISRO was transferred
to the DOS. In 1975, India launched its first satellite. India's space sector
has gone a long way since then.
The Outer Space Treaty, which
governs states' activities in the exploration and use of outer space, including
the Moon and other celestial bodies, was signed by India in 1967 but not
ratified until 1982. In 1979, India accepted the Agreement on the Rescue of
Astronauts, the Return of Astronauts, and the Return of Objects Launched into
Outer Space, as well as the Convention on International Liability for Damage
Caused by Space Objects. In 1982, India signed the Agreement Governing the Activities
of States on the Moon and Other Celestial Bodies and acceded to the Convention
on Registration of Objects Launched into Outer Space.
On a national basis, India has a few
policies in place that are observed during space exploration endeavours. ISRO's
technology policy is a well-defined and methodical technique to exchanging
knowledge about enhancements and things developed by Indian Space Places in
order to help Indian initiatives and their commercial implementation in the
context of diverse space endeavours.
In the case of India, it is worth
noting that the country lacks a comprehensive national policy despite being a
signatory to the Moon Treaty of 1979 and having ratified four other treaties,
including the Treaty prohibiting nuclear weapon tests in the atmosphere, outer
space, and under water and the Convention prohibiting military or other hostile
use of environmental modification techniques. The only regulatory frameworks
governing the space industry in India are the Satellite Communication Policy,
1997, the revised Remote Sensing Data Policy, 2011, ISRO's Technology Transfer
Policy, and the Constitution of India, 1950, with the establishment of a new
organisation called the Indian National Space Promotion and Authorisation
Centre (IN-SPACe) expected to be established soon.
CHAPTER 2
Indian Space Law: An Overview
India is gaining traction as a
prospective player in the global commercial space sector. Authorization,
contracts, dispute resolution, licencing, data processing and distribution
related to earth observation services, insurance, space technology certification,
legal difficulties related to launch services, and stamp duty are all topics
that need to be handled. To introduce space law-related issues into domestic
law, the necessary statutes and laws must be updated. There are provisions for
participation of private satellite systems, for example, to make the aforesaid
viewpoint apparent. There is, however, no legal protection for the operator or
the government from culpability in the event of harm. As a result, intellectual
property rules have thus far been silent on space-related issues.
Currently, ISRO creates intellectual
property rights like as patents, data rights, and trademarks. As a result,
provisos for the peaceful use of outer space for the universal overall benefit
of humanity should be included in Indian domestic space legislation.
India is ranked fifth in the world
in terms of space technology, which is a fantastic achievement, and it cannot
afford to ignore space policy. The Government of India has outlined the initial
regulatory framework for space activities in terms of rules and procedures. The
Remote Sensing Data Policy, 2011, went into effect and replaced the 2001
policy's inadequate provisions, such as lifting the restrictions on the supply
of satellite data up to 1m resolution after receiving clearance from the
government's High-Resolution Image Clearance Committee (NRSC); a policy
framework for satellite communication in India (the SATCOM policy), followed by
the SATCOM standards and the ISRO's technology transfer policy.
Due to a lack of transparency and
government influence, notably from the Indian Space Research Organisation, the
SATCOM Policy and subsequent guidelines failed to inspire commercial
participation after their early hoopla ("ISRO"). Only a few
applications for establishing Indian satellite systems were submitted to ISRO,
and none of them were successful. As a result, the Indian space sector is still
entirely controlled, managed, and operated by the government. The SATCOM
Policy, as well as the norms and criteria established in 2000, continue to
govern satellite communication.
CHAPTER 3
SPACE LAWS IN THE USA AND UK
The chapter gives an overview on
Space Law, and talks about the space laws of some countries and how they have
shaped their laws, compared to others. It talks about the existing provisions
of Space Law in two of the leading countries of the world, namely the USA and
the UK, and the position of India when it comes to regulations and legislations
under the same.
Given the advancements in the space
sector in the United States and the Soviet Union, the United Nations Office for
Outer Space Affairs (UNOOSA) was founded in 1958. The UNOOSA collaborates with
all 193 UN members to ensure that there is a peaceful exchange of affairs
relating to space amongst countries. The body's creation is also required due
to the concerns of developing countries. Many developed countries believe that
space exploration and space materials can benefit them economically, and that
these resources should be allocated equitably among developed countries so that
all countries on the planet are on the same track.
The International Committee on
Global Navigation Satellite Systems (ICG) was set up to advance similarity,
interoperability, and straightforwardness between all the satellite navigation
systems, especially for agricultural countries. The UN-SPIDER program was also
launched to provide an open stage to creating states to utilize space-based
innovations for the fiasco, the board, and crisis response. The body is also
responsible for maintaining international treaties and international agreements
related to space laws.
The United States was one of the
first countries to begin developing a space legal framework, and it continues
to lead the world in this field. The United States has the most powerful and
coherent public space law and administrative system than any country when it
comes to space exercises. Several countries have modelled their laws after
those of the US. In addition, the government has signed four international
space accords. The National Aeronautics and Space Act of 1958 established NASA
and demonstrated to the rest of the world that the United States is prepared to
develop and research space exploration and collect resources from space. The
2010 National Space Policy, 2013 National Space Transportation Policy is a
space legislation of utmost importance in the USA
Another country that has done well
in the field of space and has a solid legal structure for it is the United
Kingdom. The United Kingdom Space Agency (UKSA), which was founded in 2010, is
the agency in charge of space affairs in the UK. The British National Space
Centre was superseded by the agency. The English government's space activities
are described by two legal systems. The Outer Space Act of 1986, which is an
instant application of international standards in English law, was prompted by
international agreements in which the United Kingdom participated. The Space
Industry Act, 2018, makes arrangements for space activities and suborbital
activities and is essential in the UK.
CHAPTER 4
The New Age: Dawn of India’s Space
Law
Since its start in 1972, India's
space activities have been wholly regulated by the department of space; before
to that, the department of atomic energy was in charge of all administrative
aspects of the country's space programme. Until recently, there was no need in
India for a domestic space law or policy because outer space was viewed as more
of an international matter than a domestic one.
For a variety of reasons, the value
of having a space law was never realised. India lacked a private sector that
was ready or able to invest in the country's space objectives. Things have
changed dramatically since then. The Indian government suggested dramatic
reforms to the Indian Space Program last year, in May 2020. Critics claim that
the government is looking to privatise the Indian Space Programme in the midst
of a global pandemic. Dr. K Sivan, the chairman of the Indian Space Program,
has repeatedly refuted this notion.
On June 24, 2020, the Indian
government established IN-SPACe, a new organisation (Indian National Space
Promotion and Authorisation Centre). IN-SPACe is a "single window nodal
agency" created to help Indian space activities become more commercially
viable. The controversy over the privatisation of India's space programme began
as a result of the establishment of this council. The Indian government has
also released a draught of the Space-based Communication Policy of India-2020
(Spacecom Policy-2020) as well as proposed standards, guidelines, and
procedures for its implementation (Spacecom NGP-2020).
The SpaceCom Policy 2020 seeks to
accomplish two goals. First and foremost, the policy will govern the commercial
usage of satellites, orbital slots, and ground stations for communication
purposes. This regulation also discusses how private companies might obtain
permission to launch new communication satellites and ground stations.
India will be able to keep up with
the expanding demand for satellite-based broadcasting, network connectivity,
and worldwide mobile personal communication thanks to private participants in
the space communication sector.
In the middle of the debate over
privatising India's space programme, the Space Policy 2020 and the Space
Activities Bill, 2017 are nearing completion. In the parliament's Monsoon
Session this year, Union Minister Jitendra Singh stated that the government is
actively considering the Space Activities Bill. According to an article in the
Livemint, "The Minister of State for Atomic Energy and Department of Space
said that the government is in the process of creating an ecosystem to
encourage private participation in space and indigenous production of space
technology, devices, and services," according to a written response to a
question in the Rajya Sabha. To summarise, Indian space laws are on their way
and will be here to stay. Some of the crucial factors that the government would
need to ensure are that regulatory clearances be issued in a timely way with
minimal delays and that the government has minimal operational intervention to
ensure that satellite communication can be implemented without any obstacles.
IN-approach SPACe's of engaging with ISRO before making decisions should not
result in bureaucratic delays or unwarranted intervention. Hopefully, the
current reforms will result in a boost in satellite and rocket manufacture
(which was previously solely vested in the ISRO) as well as an increase in
space programmes.
It is important to note that, in
addition to IN-SPACe, the government has established two other organisations,
New Space India Limited (NSIL) and Antrix Corporation Limited (ACL), to
encourage the establishment of Indian space companies and promote space
activities. NSIL operates under DoS administrative administration and strives
to commercialise ISRO and other DoS constituent units' research and development
efforts. ACL, on the other hand, serves the same purpose. It is ISRO's
marketing arm, and it strives to promote the commercialization of space
technologies and technology transfer, as well as providing technical consulting
services to customers all over the world.
The ideal of 'Digital India' and
India being a space giant cannot be realised if there is no legal responsibility
tied to it. A strong legal framework would boost investor confidence, attract
FDI and new technologies, reduce administrative and regulatory uncertainty,
provide clarity on stamp duty, registration requirements, insurance, property
transfer, contractual obligations, space debris liability, and intellectual
property rights, and promote space entrepreneurship by ensuring a level playing
field for private entities. India's inadequate electronic manufacturing
environment is also a key hindrance to ISRO's operations. Because there isn't a
strong domestic electronics market, spaceship components must be imported in
large quantities, which raises the cost of operations significantly.
The following are the main issues
which need to be resolved in order to have proper space legislation in India:
- Single Independent Regulator
- Management of space debris
- Liability for damage
- Security measures
- Intellectual property rights
protection
CONCLUSION
While India's development is to be
applauded, a comprehensive Space Act is still required. There are 22 countries
with domestic space laws today, with Australia, Japan, and South Korea being
the only Asia-Pacific countries to have national laws that implement
international conventions. India must strive for it as well. This would operate
as a stimulus for India's space activities to grow and be regulated in
accordance with global space dynamics. As a result, a stable space regime is
critical. Strong space legislation is all the more important in order to
support the expansion of the Indian space sector and allow private companies to
participate to making India a space superpower. In accordance with Articles 51
and 253 of the Indian Constitution, India must enact legislation that would not
only enable public-private partnerships and quick technical growth, but also
accelerate indigenisation and manufacturing within the country. In addition, to
meet the present problems, the Satellite Communication Policy of 1997 and the
Remote Sensing Data Policy of 2011 also need to be updated. However, care must
be taken to ensure that the Indian space industry does not become unduly
controlled, as this could inhibit future investment. Its disappearance could
stifle India's future prosperity. To assure its formulation and implementation,
we must take proactive efforts.
References
Dhiman, A.
(2021, April 4). Space laws in the US,
the UK and India.
Jhingan,
S., & Bhatia, K. (2020, July 6). INDIAN
SATELLITE COMMUNICATION POLICY: THE RECENT REFORMS.
Kumari, A.
(2020, May 24). ISRO: From bicycle to a
billion dreams. TechSparrow123.
https://www.techsparrow123.com/2020/05/isro.html
Sarin
& Co. (2020, December 17). In review:
space law, regulation and policy in India. Lexology.
https://www.lexology.com/library/detail.aspx?g=ad45cd5f-488a-437f-9edd-b1d30df4630a
