India Needs a National Space Law

General Studies Paper-3

CONTEXT: Recently, experts stressed  the urgent need for strong national space laws for India to support exploration, innovation, and commercialisation in space.

About

• The Outer Space Treaty of 1967 prohibits national claims over space and holds states accountable for all space activities, including those by private entities.
• The treaty and its companions outline key principles but they are not self-enforcing.
• According to United Nations Office for Outer Space Affairs (UNOOSA) officials, national legislation is essential to implement these principles, offering legal clarity, predictability, and responsible growth of space sectors.
  • Many countries now have national space legislation. Japan, Luxembourg, and the U.S. have enacted frameworks to facilitate licensing, liability coverage, and commercial rights over space activities.

India’s approach to space legislation

• India’s space legislation follows a deliberate, phased approach, focusing first on technical regulations to enable commercial space operations in compliance with Article VI of the Outer Space Treaty.
• This has led to key regulatory instruments such as the Catalogue of Indian Standards for Space Industry, the Indian Space Policy (2023), and the IN-SPACe Norms, Guidelines and Procedures, which collectively facilitate the authorisation of non-governmental space activities.
• India has ratified the key UN space treaties but it is still in the process of enacting comprehensive national space legislation.

Importance of National Space Law for India

• Regulate Private Sector and Protect National Security – India’s growing private space industry lacks clear legal guidelines on licensing, liability, and dispute resolution.
  • Legal oversight is needed to safeguard sensitive technologies, prevent espionage, and address space militarization.
• Meet International Commitments – A domestic law would enforce compliance with global treaties like the Outer Space Treaty and Liability Convention.
• Enable Commercial Growth – A clear legal framework would boost investor confidence, insurance markets, and innovation in space tech.
• Ensure Sustainability and Ethics – Laws are essential to manage space debris, orbital congestion, and promote responsible exploration.

What are industry perspectives?

• Industry leaders highlight the urgent need for a robust national space law to address operational challenges and regulatory gaps.
• Leaders stressed the importance of granting statutory authority to IN-SPACe, clearly defining licensing procedures, easing FDI norms, and establishing liability and insurance frameworks.
• There should be protection of intellectual property, better inter-ministerial coordination, enforceable rules on space debris and accidents, and an independent appellate body.

Way Ahead

• India’s advancing space ambitions—human spaceflight, lunar missions, and a national space station—require a strong legal framework.
  • Without it, the country’s strategic and commercial goals risk being compromised. A national space law is essential for safeguarding India’s sovereignty and future in space.