India’s space activities in legal vacuum!

NEED FOR NATIONAL SPACE LEGISLATION

There is tremendous proliferation of space activities in India recently. However, no specific space legislation exists in India. Without a proper legislation on space activities, no private investor would like to invest in space activities, which hampers the development of space activity and economy of India as compared to the countries which have space legislation

The increasing trend of globalisation in economies, liberalisation of space policies, latest technological developments in space industry, privatisation of some of the segments in space sector and the growing trend in liberal multilateral and bilateral agreements are some of the new trends emerging in the space industry in a global scenario.

Privatisation and intensified global competition are forcing space industry to become responsive, competitive and efficient by focusing more closely not only on the national level but between two or more space business groups inside the same country. To follow the global trend, the stand of the Government of India towards the regulation of space activities has undergone a profound change over the past few years.

In this scenario, India needs a national space legislation. The last few years have turned out to be one of the most glorious times for the Indian space sector. Important one amongst them is the very recent launch of 5 British satellites weighing close to 1400 kg, making this the heaviest commercial launch ever to be undertaken by India.

The year 2014 witnessed many momentous achievements of the Indian space programme which caught the attention of the country and the outside world as well. With the successful Mars Orbit Insertion of Mars Orbiter Spacecraft on September 24, 2014, India became the fourth nation to successfully send a spacecraft to Mars and the first nation to do so in its first attempt.

The successful ‘take off’ of ‘Mangalyaan’ saw India take a giant leap in its march to MARS planet, thus making it only the fourth country in the world to undertake such a mission, close on the heels of the USA, Russia and EU and leaving China well behind. While it is too early to confirm that the launch is successful due to the sheer nature of the mission and the challenges ahead in the months ahead, there is every reason for the country to feel proud of the this historic achievement of our scientists under very demanding time schedules and other constraints.

Commercialisation and privatisation of India’s space activities India has also developed capabilities for the use of systems for vital services like telecommunications, television broadcasting, meteorology, disaster warning, survey and management of natural resources. All these activities are to be regulated with a proper legislation to address all the issues related to conducting commercial activities with the help of technological development.

India, today, is a major power along with all the advanced countries in technical development of space activities, but it lags behind when it comes to have proper specialized space legislation to substantively deal with the regulations of private space activities by means of a licensing system. Need for space legislation in India The present scenario is as follows.

On one hand, all the countries are strongly promoting and encouraging participation of private sector in their national space activities, and on the other hand, they are legally bound by international space law treaties and obligations to regulate, supervise and control private space activities. India is also developing space activities with the participation of the private sector. There are 500 industrial participants from outside in CHANDRAYAN-1; otherwise, it is very difficult for ISRO to manage the human resources of its own.

Without a proper legislation on space activities, no private investor would like to invest in space activities, which hampers the development of space activity and economy of India as compared to the countries which have space legislation. Recognising this, many technologically advanced nations have developed detailed and subject-specialised national space laws for various complex facets of space activities by the private sector. These advanced countries include the USA, Sweden, UK, Russia and Australia.

There is tremendous proliferation of space activities in India recently. However, no specific space legislation exists in India. Space and space related issues in India are regulated by legal rules belonging to different areas of the domestic law. However, time has come now for the preparation of an appropriate legal framework, keeping in view recent national and international developments.

These include active involvement of private sector and commercialisation of space activities and the agreements entered nationally and internationally with various national and international agencies. Other pressing issues that require domestic space legislation include cable, satellite and other related developments. India is a party to all international space treaties, which form the main body of international space law.

India’s contribution to the development of international space law is significant. In many aspects it has taken a holistic view of space, rather than merely its scientific aspects. On the domestic front, space proliferation is going in a big way but there is no comprehensive or specific space law in India. For an example, without ratifying the Moon Treaty, 1979, we executed CHANDRAYAAN-1 and planned to execute the subsequent moon missions without any domestic law.

The proposed space law should define the role of the Department of Space (DOS) and its various organs and different governmental and non-governmental agencies in space matters; the procedure for adoption and implementation of space programmes; the appropriate utilisation of human resources related to space industry and their financial benefits or pay packages; the regulation of the safety of launch, space flight and return of astronauts to earth; the question of transit of foreign space objects through national airspace; questions of liability and insurance; protection of intellectual property rights; spin-off benefits; and above all, implementation of international obligations under the various treaties. (The writer is Professor of Law and Registrar, and Head of the Centre for Air and Space Law, NALSAR University of Law, Hyderabad. He may be reached at [email protected],[email protected])

By Dr V Balakista Reddy