(GIST OF SCIENCE REPORTER) Comprehensive National Space law

(SEPTEMBER-2025)

Comprehensive National Space law

The Indian space programs are experiencing rapid growth marked by significant missions; however, in addition to technological advancements, the country is also prioritizing the establishment of a strong legal framework for space operations or activities.

Space Law

The United Nations office for outer space affairs (UNOOSA) states that space law includes a variety of international agreements, treaties, conventions, and United Nations General Assembly resolutions, as well as rules and regulations developed by international organizations.

Key Elements of Space Law (as per UNOOSA):

Use of outer space for peaceful purposes
Non-appropriation of outer space and celestial bodies by any one nation
Freedom of exploration and use of outer space by all countries
State responsibility and liability for national space activities (governmental or non-governmental)
Avoidance of harmful contamination of space and celestial bodies

Key highlights

Gap between Treaties and Law: India has ratified key UN space treaties like the Outer Space Treaty, Liability Convention, and Registration Convention. Yet, these international obligations require domestic legislation to be enforceable.
Limitations of Existing Regulatory Framework: Current policies—like the Indian Space Policy 2023, IN-SPACe Norms & Procedures (NPG), and the Catalogue of Standards—offer guidance but lack enforceable legal status. IN-SPACe, which plays a regulatory role, operates without statutory authority.
Regulatory Ambiguity and Fragmentation: Multiple ministries—Department of Space (DoS), Defence, Telecom, Commerce—are involved in space approvals, leading to overlaps, delays, and investor confusion.

Need for regulation amid growing commercial participation:

Licensing & Regulatory Authority (who can launch, with what timeline, under which criteria): IN-SPACe, the nodal body for private space activity approvals, currently functions without legal backing, making its decisions open to judicial challenge.
Liability & Insurance (defining clauses and financial responsibility): India is internationally liable for damage caused by its space objects—even if launched by private firms. Without legal norms, determining compensation and securing affordable insurance remains uncertain.
FDI Norms (potentially allowing 100% automatic route in satellite segments)
Intellectual Property Rights (to protect innovation): Unclear ownership rights and opaque FDI norms hinder innovation and discourage investment.

Space Debris Mitigation & Safety Protocols (technical and legal measures, cleanliness norms): Issues like debris mitigation, end-of-life disposal, and space traffic management remain unregulated.

National Space Law would:

Operationalize international commitments
Build investor confidence and attract capital
Enhance startup growth and curb brain drain
Provide responsibility clarity in case of accidents or orbital incidents
Support sustainable and secure development in line with global norms

Consequences of Legal Inadequacy

Investor Hesitancy: Lack of legal certainty and insurance mechanisms deter both domestic and foreign investment, potentially leading startups to relocate.
Geopolitical Vulnerability: Increasing space militarization, especially by other nations, underlines the need for legal clarity in India’s strategic domain.
Compliance Risks: A weak legal framework could lead to non-compliance with international obligations, exposing India to global legal repercussions.

Recommendations by experts & institutional analysts

Enact a National Space Activities Law: A statutory act to enshrine licensing procedures, liability norms, insurance mandates, IP protections, and debris regulation.
Statutory Empowerment for IN‑SPACe: Grant independent legal authority to function as the single- window regulator with clear timelines and enforcement power.