Laws Beyond Earth: Regulating Space Activities in the 21st Century

The development of the space industry has not been restricted to scientific and technological achievements but has also had a prominent socio-economic impact. Besides generating numerous opportunities for scientists, engineers, technicians, and support staff, the space industry has also stimulated the expansion and advancement of related industries, such as manufacturing, telecommunications, and aerospace engineering. Countries such as the USA, UK, Russia, China and India have established national institutions and agencies responsible for space activities. With plans for more ambitious missions, increased focus on research and exploration, and collaborations with international partners, nations continue to strengthen their position in the global space community.

What is Space Law?

Space law can be described as the body of law governing space-related activities. The term "space law" is most often associated with the rules, principles and standards of international law appearing in the five international treaties and five sets of principles governing outer space that have been developed under the auspices of the United Nations. In addition to these international instruments, many States have national legislation and policies governing space-related activities. Space law addresses a variety of matters, such as the peaceful exploration and use of outer space, the rescue and return of astronauts and space objects, liability for damage caused by space objects, registration of space objects, the sharing of information concerning space activities, the use of space-related technologies, environmental concerns and international cooperation. (UNOOSA)

The Indian Space Law Framework

The space industry has embarked on a new stage of research and exploration led by advancements in science and technology. Therefore, it is necessary to develop and maintain a robust legal and regulatory framework to ensure the peaceful, safe and sustainable use of outer space, addressing issues such as space debris, national security, commercial space activities, satellite operations, remote sensing and human spaceflight.

The legal framework governing space activities becomes of utmost importance as India progressively strengthens its outer-space capabilities, leading to noteworthy achievements such as the Mars Orbiter Mission (Mangalyaan), the Chandrayaan missions, the Aditya-L1 mission and the development of the Gaganyaan programme and NavIC. These developments have strengthened India's position as an important and emerging participant in the global space sector.

Though India does not currently have a single comprehensive Space Activities Act, space activities in the country are governed through a combination of international commitments, national policies, administrative frameworks and regulations. The Indian Space Policy 2023 is an important part of the current framework and sets out the roles of the Department of Space (DOS), ISRO, NewSpace India Limited (NSIL), IN-SPACe and Non-Governmental Entities (NGEs).

These include:

International Commitments: India is a party to the Outer Space Treaty, 1967, the Rescue Agreement, 1968, the Liability Convention, 1972, and the Registration Convention, 1975. India has ratified these four major UN space treaties. India has also signed the Moon Agreement, 1979, but has not ratified it. These international instruments form an important part of the legal framework governing India's space activities and India's international responsibilities in outer space.

Satellite Communication Policy: India's satellite communication framework developed through the Satellite Communication Policy, 1997, followed by the Norms, Guidelines and Procedures for implementation of the Satellite Communication Policy, issued in 2000. The framework provided for the use of satellite communication systems and services and facilitated participation by private entities, subject to government authorisation and applicable requirements. Therefore, it is more accurate to refer to the framework as the SATCOM Policy, 1997 and the associated norms and guidelines of 2000, rather than describing a standalone "SATCOM Policy of 2000."

Remote Sensing Data Policy (RSDP), 2011: The Remote Sensing Data Policy, 2011 provides a framework for the management and dissemination of satellite remote-sensing data in India. The policy provides modalities for acquisition and dissemination of remote-sensing data and places the Department of Space as the nodal agency for actions under the policy. ISRO continues to state that remote-sensing data to Indian users is disseminated in accordance with RSDP 2011.

Indian Space Policy, 2023: The Indian Space Policy 2023 provides the present policy framework for the Indian space sector. It seeks to enable greater participation by Non-Governmental Entities (NGEs) across the space sector while defining the respective roles of ISRO, NSIL, IN-SPACe and the Department of Space. The policy permits NGEs to undertake end-to-end space activities, subject to applicable authorisation and regulatory requirements.

Draft Space Activities Bill, 2017: The Draft Space Activities Bill, 2017 was proposed as an attempt to establish a comprehensive legislative framework for regulating and promoting space activities in India, including private-sector participation. However, it was never enacted into law and should not be described as the current governing legislation. The draft proposed, among other things, a framework for licensing commercial space activities, regulation of space objects and compliance with India's international obligations.

Role of ISRO and the Department of Space

The Indian Space Research Organisation (ISRO) is India's principal space research and development organisation. It is responsible for the development of space technologies and systems relating to launch vehicles, spacecraft, earth observation, communication, navigation, meteorology, space science and human spaceflight.

Under the Indian Space Policy 2023, ISRO is primarily responsible for research and development in advanced space technologies, developing new systems and carrying out missions and activities that advance India's space capabilities. The policy also provides for collaboration with industry and academia, both nationally and internationally.

ISRO primarily focuses on:

1. carrying out applied research and development of newer systems so as to maintain India's edge in the sector in the areas of space infrastructure, space transportation, space applications, capacity building and human spaceflight;

2. sharing technologies, products, processes and best practices with NGEs and/or Government companies;

3. undertaking studies and missions on in-situ resource utilization, celestial prospecting and other aspects of extra-terrestrial habitability, while focusing on research and development in advanced technology, proving newer systems and realization of space objects for meeting national requirements; and

4. fostering collaborations and partnerships with industry and academia – both national and international – to pursue research and development in space science, technology and applications. (Indian Space Policy, 2023)

NewSpace India Limited

NewSpace India Limited (NSIL) is a wholly owned Government of India company under the administrative control of the Department of Space and serves as the commercial arm of the Indian space programme. It was incorporated on 6 March 2019 under the Companies Act, 2013.

Under the Indian Space Policy 2023, NSIL shall:

1. be responsible for commercialising space technologies and platforms created through public expenditure;

2. manufacture, lease, or procure space components, technologies, platforms and other assets from the private or public sector on sound commercial principles; and

3. service the space-based needs of Government entities and NGEs on sound commercial principles. (Indian Space Policy, 2023)

Department of Space

The Department of Space (DOS) is the nodal department of the Government of India responsible for the implementation of the Indian Space Policy 2023 and for coordinating the responsibilities assigned to the various stakeholders in the space sector.

Under the Indian Space Policy 2023, DOS shall:

1. oversee the distribution of responsibilities outlined in the Indian Space Policy 2023 and ensure that the different stakeholders are suitably empowered to discharge their respective functions without overlapping into others' domains;

2. be the nodal department for implementation of the Indian Space Policy 2023 through detailed policy directives;

3. interpret and clarify ambiguities arising in the implementation of the policy;

4. ensure the availability of continuous and improved earth-observation capability and data to fulfil national requirements; and

5. participate in international efforts by providing critical remote-sensing satellite data for disaster-management efforts and meeting the requirements of the Sustainable Development Goals formulated by the United Nations, in coordination with the Ministry of External Affairs. (Indian Space Policy, 2023)

Non-Governmental Entities

Non-Governmental Entities (NGEs) are an important part of India's new space-sector framework.

Under the Indian Space Policy 2023, NGEs are allowed to undertake end-to-end activities in the space sector, including the establishment and operation of space objects, ground-based assets and related services such as communication, remote sensing and navigation, subject to applicable authorisation and regulatory requirements.

This represents a significant change in India's approach to the space sector, as private entities are no longer limited to supporting roles but can participate across different stages of space activities.

IN-SPACe – Indian National Space Promotion & Authorisation Centre

IN-SPACe, or the Indian National Space Promotion and Authorisation Centre, is an autonomous agency under the Department of Space and functions as a single-window, independent and nodal agency for promoting, enabling, authorising and supervising various space activities of Non-Governmental Entities.

IN-SPACe shall function as an autonomous Government organisation mandated to promote, hand-hold, guide and authorize space activities in the country. For this purpose, IN-SPACe periodically issues guidelines and procedures that, among other things, promote ease of doing business. (Indian Space Policy, 2023)

IN-SPACe shall:

1. act as the single-window agency for the authorisation of space activities by Government entities as well as NGEs, subject to relevant Government directives, keeping in mind safety, national security, international obligations and foreign-policy considerations. The Indian Space Policy 2023 identifies authorisations relating to activities including:

   a. establishment and/or operation of space objects;

   b. launch and operation of launch vehicles, including sub-orbital launches;

   c. establishment and operation of launch pads;

   d. planned re-entry of space objects with or without recovery;

   e. establishment and operation of tracking, telemetry and command (TT&C) earth stations;

   f. establishment and operation of satellite control centres and/or satellite-data reception stations;

   g. dissemination of high-resolution space-based earth-observation data; and

   h. in-orbit sale, purchase or transfer of space objects. (Indian Space Policy, 2023)

2. promote industry clusters, manufacturing hubs, incubation centres, accelerators and technical centres for the space sector;

3. work with industry, both national and international, to promote identified space activities and establish India as a preferred service provider for global requirements of products and services in the space sector;

4. work with academia to widen the space ecosystem and enable industry-academia linkages; and

5. define frameworks for developing space-industry standards based on global benchmarks. (Indian Space Policy, 2023)

The current framework has also continued to develop through detailed Norms, Guidelines and Procedures issued by IN-SPACe. For example, in June 2026, IN-SPACe issued specific norms concerning authorisation for Space Situational Awareness-related activities.

Emerging Issues and Future Challenges

As India's space exploration reaches new heights of advancement and achievement, several emerging issues will require attention in the development and implementation of India's space-law framework:

Human Spaceflight and Space Tourism: India is developing human-spaceflight capabilities under the Gaganyaan programme. Therefore, legal considerations related to human spaceflight become increasingly important, including astronaut safety, liability for accidents, licensing and authorisation, medical and operational standards, and the responsibilities of both Government and private entities involved in human spaceflight activities.

Space Debris and Sustainable Use of Outer Space: The increasing number of satellites and other space objects has made space debris and long-term sustainability important legal and policy concerns. India, like other spacefaring nations, must address responsible operations, collision risks, end-of-life practices and the long-term sustainability of outer-space activities. ISRO's Indian Space Situational Assessment Report demonstrates the growing importance of space situational awareness and safe and sustainable space operations.

Space Militarization and National Security: India's space capabilities have both civilian and strategic applications. The dual-use nature of space technology creates legal and policy questions concerning national security, satellite protection, anti-satellite capabilities and responsible behaviour in outer space. International space law, including the Outer Space Treaty, requires States to conduct activities in accordance with applicable international obligations while promoting the peaceful exploration and use of outer space.

Space Resource Utilization: The possibility of using resources obtained from asteroids, the Moon and other celestial bodies raises complex questions concerning ownership, extraction and the relationship between national activities and international space law. The Indian Space Policy 2023 expressly contemplates NGEs undertaking activities relating to space resources, including the ability to possess, own, transport, use and sell asteroid resources or space resources obtained in accordance with applicable law and India's international obligations.

Liability and Insurance: As private participation in space activities increases, questions concerning liability for damage caused by space objects, insurance requirements, allocation of risk and the Government's international responsibility for national space activities become increasingly important.

Intellectual Property and Commercial Space Activities: The growth of private space companies also creates questions concerning ownership and licensing of technologies, patents, software, satellite data and other intellectual-property rights developed through commercial and collaborative space activities.

India's space sector has therefore moved considerably beyond the traditional model in which Government institutions were the principal participants. The Indian Space Policy 2023 and the creation of IN-SPACe have provided a framework for greater private participation, while the continuing development of detailed norms and procedures demonstrates that India's space regulatory framework is still evolving.

The Draft Space Activities Bill, 2017 remains important as part of the history of India's attempt to develop comprehensive space legislation, but because it was never enacted, it should not be presented as the current legal framework. The present regulatory environment instead operates through the Indian Space Policy 2023, existing policies, international obligations, Government directions and the authorisation and regulatory mechanisms administered through institutions such as IN-SPACe.

The development of a comprehensive statutory framework may become increasingly important as India's private space sector expands and activities such as commercial launches, satellite operations, space situational awareness, human spaceflight and space-resource activities become more significant.

India's space exploration and commercial activities are therefore entering a period in which legal regulation will be as important as scientific and technological advancement. A clear and adaptable legal framework can help ensure that India's space activities remain consistent with its international obligations, protect national interests, encourage responsible private participation and contribute to the peaceful and sustainable use of outer space.

Conclusion

The development of the space industry has transformed outer space from an area primarily associated with scientific exploration into an increasingly important domain involving communication, navigation, remote sensing, national security, commercial activity and international cooperation.

Space law therefore plays an important role in regulating these activities and ensuring that the benefits of space technology are used responsibly.

India has developed its space sector through a combination of international treaties, national policies, institutional mechanisms and regulatory frameworks. The Indian Space Policy 2023 represents an important development by defining the roles of ISRO, NSIL, the Department of Space, IN-SPACe and Non-Governmental Entities, while enabling greater participation by private entities in the space sector.

At the same time, emerging issues such as space debris, human spaceflight, space tourism, resource utilization, national security, liability and commercial space activities demonstrate the need for continued development of India's legal framework.

The future of space law will therefore require a careful balance between innovation, commercial development, national security, environmental sustainability and international responsibility.

As humanity continues to explore beyond Earth, the law must evolve alongside science and technology. The challenge for India and the international community is not merely to reach outer space, but to ensure that its exploration and use remain peaceful, responsible, sustainable and beneficial to humanity.

Sources

• United Nations Office for Outer Space Affairs (UNOOSA), United Nations Treaties and Principles on Outer Space and treaty-status materials.

• Government of India / ISRO, Indian Space Policy 2023.

• ISRO, Indian National Space Promotion and Authorisation Centre (IN-SPACe).

• ISRO, NewSpace India Limited (NSIL).

• ISRO, Indian Space Situational Assessment Report (ISSAR) 2023.

• Government of India, Remote Sensing Data Policy, 2011.

• Government of India / Department of Space, Satellite Communication Policy framework.

• PRS Legislative Research, Draft Space Activities Bill, 2017.

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