This proposed "Space Debris Liability and Compensation Act, 2025" establishes a comprehensive legal framework in India to address the growing issue of space debris. It aims to regulate liability and ensure compensation for damage caused by such debris, aligning with international obligations, particularly the 1972 Liability Convention. The Act distinguishes between strict liability for damage on Earth or to aircraft and fault-based liability for damage in outer space. It extends liability to private entities involved in space activities while maintaining the launching State's international responsibility.

The legislation also outlines a mechanism for claiming and receiving compensation through the establishment of a dedicated Space Debris Compensation Tribunal. This Tribunal will adjudicate claims, determine liability (including in multi-party incidents), and assess the quantum of compensation, considering various forms of damage, including environmental harm and economic loss.

Furthermore, the Act proposes the creation of a National Space Liability Authority (NSLA) to oversee compliance, act as the primary international point of contact, facilitate claim settlements, disseminate information, and advise the government. It also imposes obligations on launching entities to minimize debris creation, provide mission details, adhere to mitigation guidelines, and maintain insurance or financial guarantees. The Act underscores India's commitment to international space law and prioritizes international obligations in case of conflict with national provisions.

Preamble
This Act is envisioned to establish a comprehensive legal framework addressing the growing challenge of space debris. Its core objectives are multifaceted:

1. Regulation of Liability and Compensation: To clearly define who is responsible when damage occurs due to space debris and to establish mechanisms for fair compensation to victims.
2. Implementation of International Obligations: To align national law with existing and evolving international treaties and principles governing liability for space object damage, ensuring India's commitment to the global space law regime. This primarily refers to the Convention on International Liability for Damage Caused by Space Objects, 1972 (the Liability Convention). The Act seeks to give domestic legal effect to the principles enshrined in this convention, such as the distinction between liability for damage on the surface of the Earth or to aircraft in flight (strict liability) and damage caused elsewhere than on the surface of the Earth (fault-based liability).
3. Protection of Public and Private Property: To safeguard assets and interests both on Earth and in space from the risks posed by falling or colliding space debris. This includes infrastructure, land, personal belongings, and potentially even space-based assets belonging to individuals and organizations.
4. Environmental Protection: To acknowledge the potential for space debris to cause environmental damage, both on Earth (through hazardous materials) and in the space environment itself (by contributing to the long-term debris problem), and to incorporate principles that encourage responsible space activities.

Preliminary

Section 1: Short Title, Extent, and Commencement

1. Short Title: This Act may be called the Space Debris Liability and Compensation Act, 2025. This provides the official name of the legislation, making it easily identifiable in legal and administrative contexts.
    
2. Extent: This Act shall extend to the whole of India and shall apply to:
   1. All activities related to the launch, operation, and disposal of space objects by Indian entities or from Indian territory. This ensures that all Indian space activities, regardless of where they are controlled or operated, fall under the purview of this law.
   2. Damage caused by space debris originating from any launching State that occurs within the territory of India, including its airspace and territorial waters, or to Indian-registered aircraft or spacecraft. This provision asserts India's jurisdiction over damage occurring within its boundaries or to its registered assets, irrespective of the debris' origin.
   3. Damage caused to Indian nationals or permanent residents, or their property, anywhere in the world, resulting from space debris for which a launching State is liable under international law. This extends protection to Indian citizens and their property even if the damage occurs outside Indian territory, aligning with the principles of international liability.
3. Commencement: This Act shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. This is a standard provision that allows the government to set an appropriate date for the Act to become legally binding, considering the necessary administrative and regulatory preparations.
    

Section 2: Definitions

This section provides precise definitions for key terms used throughout the Act, ensuring clarity and avoiding ambiguity in its interpretation and application.

• Space debris: means any man-made object, including fragments and parts thereof, which is orbiting Earth or has re-entered the Earth's atmosphere, that is non-functional or no longer serving a useful purpose. This includes defunct satellites, rocket bodies, mission-related objects, and debris from collisions or explosions.
• Space object: means any object launched or intended to be launched into outer space or which has been present in outer space, including its component parts as well as its launch vehicle and parts thereof.
• Damage: includes:
  • Loss of life or personal injury.
  • Loss of or damage to property, whether public or private, movable or immovable.
  • Loss of profit or economic loss directly resulting from the loss of life, personal injury, or damage to property.
  • Damage to the environment, including costs of necessary preventative measures and restoration.
• Launching State: means:
  • A State which launches or procures the launching of a space object.
  • A State from whose territory or facility a space object is launched.
• Operator: means any natural or legal person who exercises control over a space object, including its operation, trajectory, and manoeuvres, at the time the damage occurs or the act causing the damage occurs.
• Victim: means any natural or legal person who suffers damage caused by space debris, including the State itself when its property or interests are harmed.

Liability Provisions:

This chapter lays down the fundamental principles governing liability for damage caused by space debris, drawing heavily from the Liability Convention while adapting it to the national legal context and addressing contemporary challenges.

Section 3: Strict Liability for Damage on Earth

1. The launching State shall be absolutely liable to pay compensation for damage caused by its space object on the surface of the Earth or to aircraft in flight. This provision enshrines the principle of strict liability, meaning that the launching State is liable for damage caused by its space object falling to Earth or colliding with an aircraft, regardless of fault. The victim does not need to prove negligence or intent on the part of the launching State. This is a cornerstone of the Liability Convention, recognizing the inherent risks associated with space activities.
    
2. For the purposes of this section, "on the surface of the Earth" includes land, water, and any other surface area within the territorial jurisdiction of a State. This clarifies the geographical scope of strict liability, ensuring it applies to all areas within a state's sovereignty.
    
3. The liability under sub-section (1) shall extend to damage caused by the space object, its component parts, and any space debris originating from that space object. This explicitly includes damage caused not only by the intact space object but also by any fragments or debris that break off from it, ensuring comprehensive coverage.
    
4. The only exception to the strict liability under sub-section (1) shall be if the damage is caused by the gross negligence or willful misconduct on the part of the victim or persons for whom the victim is responsible. This provides a very narrow exception to strict liability, placing a high burden of proof on the launching State to demonstrate that the damage was directly and solely caused by the victim's gross negligence or intentional wrongdoing. This exception is also consistent with the Liability Convention.
    

Section 4: Fault-Based Liability in Outer Space

1. In the event of damage caused elsewhere than on the surface of the Earth to a space object of one launching State or to persons or property on board such a space object by a space object of another launching State, the latter shall be liable only if the damage is due to its fault or the fault of persons for whom it is responsible. This section addresses collisions or other damage occurring in outer space between space objects. Unlike damage on Earth, liability in space is based on fault. The claimant must prove that the damage was caused by the negligence or other wrongful act of the other launching State or its agents.
    
2. For the purposes of determining fault under sub-section (1), due consideration shall be given to all relevant factors, including the applicable international regulations, accepted principles of spaceflight safety, and any negligent acts or omissions. This provides guidance on how fault will be assessed, emphasizing the importance of international space law, safety standards, and the conduct of the parties involved. This could include adherence to collision avoidance maneuvers, proper orbital management, and responsible debris mitigation practices.
    
3. In cases where the cause of damage in outer space is unclear or attributable to multiple factors, the Compensation Tribunal established under this Act shall have the authority to investigate and determine the issue of fault based on the available evidence and expert opinions. This acknowledges the complexity of determining the cause of collisions in space and empowers the Tribunal to conduct investigations and make findings on fault.

Liability of Private Entities

1. Any private entity involved in the launch, operation, or disposal of a space object from India or under Indian jurisdiction shall be liable for damage caused by its space object or space debris originating from it, to the extent provided under this Act. This section extends the principles of liability to private actors engaged in space activities under Indian jurisdiction. This is crucial given the increasing privatization of the space sector.
    
2. The launching State shall remain internationally responsible for damage caused by space objects launched from its territory or facility, even if the operation is carried out by a private entity. However, the launching State shall have the right to seek indemnification from the liable private entity in accordance with the terms and conditions of any agreement between them or as determined by the Compensation Tribunal. This reaffirms the launching State's international responsibility as per the Liability Convention but allows it to seek recourse from the private operator who may have been directly responsible for the damage. This encourages responsible behavior by private space actors.
    
3. The Central Government may, through rules and regulations, specify the conditions under which a private entity shall be directly liable to a victim, without prejudice to the international responsibility of the launching State. This provides flexibility for the government to establish direct liability of private entities in certain circumstances, potentially streamlining the compensation process for victims. This could be relevant in cases where the private entity has a clear and direct operational control leading to the damage.

Section 6: State Responsibility under International Conventions

1. The Union of India, as a launching State, acknowledges its international responsibility for damage caused by its space objects in accordance with the principles and provisions of the Convention on International Liability for Damage Caused by Space Objects, 1972, and other relevant international treaties and agreements. This section explicitly recognizes India's obligations under international law, particularly the Liability Convention, reinforcing its commitment to the global legal framework.
    
2. This Act shall be interpreted and applied in a manner consistent with India's international obligations concerning liability for damage caused by space objects. This ensures that the national law aligns with international law, preventing conflicts and facilitating international cooperation in addressing space debris issues.
    
3. In the event of a conflict between the provisions of this Act and India's international obligations, the latter shall prevail. This principle of primacy of international law ensures that India's actions are consistent with its treaty commitments.
    

Section 7: Apportionment of Liability in Multi-party Incidents

1. Where damage is caused by two or more space objects, the liability of each launching State involved shall be determined in accordance with the principles of international law and the specific circumstances of the incident. This addresses situations where damage results from the interaction of multiple space objects from different launching States. The determination of liability in such cases will require careful consideration of the facts and relevant international legal principles, which may involve assessing the degree of fault of each party.
    
2. If it is not possible to establish which launching State was solely responsible for the damage, the launching States involved may be held jointly and severally liable, subject to the provisions of any relevant international agreements or as determined by the Compensation Tribunal. Joint and several liability means that each responsible launching State can be held liable for the entire amount of the damage, allowing the victim to seek full compensation even if one of the responsible parties is unable to pay. The Tribunal will play a crucial role in determining the extent of liability in such complex scenarios.
    
3. In apportioning liability, the Compensation Tribunal may consider factors such as the operational status of the space objects involved, adherence to collision avoidance protocols, and any negligent acts or omissions by the operators. This provides specific criteria that the Tribunal can use to allocate responsibility among multiple parties, promoting a fair and equitable distribution of liability.
    

Compensation Mechanism

This chapter establishes the framework for claiming and receiving compensation for damage caused by space debris.

Section 8: Right to Compensation

1. Any victim who has suffered damage caused by space debris shall have the right to claim compensation in accordance with the provisions of this Act. This establishes the fundamental right of individuals, entities, and the State to seek redress for damage caused by space debris.
    
2.  Claims for compensation may be made by the victim or their legal representatives. This clarifies who is entitled to file a claim, including those acting on behalf of the victim in cases of death or incapacity.
    
3. The right to compensation under this Act shall be without prejudice to any other rights or remedies available to the victim under any other law for the time being in force. This ensures that victims are not limited to the remedies provided under this Act and can pursue other legal avenues if applicable.

Section 9: Compensation Tribunal – Constitution and Powers

1. The Central Government shall, by notification in the Official Gazette, constitute a Space Debris Compensation Tribunal (hereinafter referred to as the "Tribunal") to adjudicate claims for compensation under this Act. This establishes a specialized judicial body dedicated to handling space debris liability claims, ensuring expertise and efficient resolution.
2. The Tribunal shall consist of a Chairperson and such number of other members as the Central Government may deem necessary, possessing expertise in international law, space law, environmental law, insurance, and related fields. This ensures that the Tribunal has the necessary expertise to deal with the complex legal, technical, and scientific issues that may arise in space debris cases.
3. The Chairperson shall be a retired or serving judge of a High Court or a person qualified to be appointed as a judge of a High Court. This ensures the judicial experience and independence of the Tribunal's head.
4. The Tribunal shall have the power to regulate its own procedure, receive evidence, summon and examine witnesses, compel the production of documents, and award compensation. This grants the Tribunal the necessary powers to conduct fair and effective hearings and to make binding decisions on compensation claims.
5. The Tribunal shall not be bound by the strict rules of evidence as laid down in the Indian Evidence Act, 1872, but shall be guided by principles of natural justice and fairness. This allows the Tribunal to consider a wider range of evidence and to adopt a more flexible approach to fact-finding, which may be necessary in cases involving complex technical issues and international contexts.
6. The Central Government may, by rules, specify the location(s) where the Tribunal shall hold its sittings. This provides flexibility in terms of the Tribunal's operational locations.
    

Section 10: Procedure for Filing Claims

1. A victim seeking compensation under this Act shall file an application with the Tribunal, in such form and manner as may be prescribed by rules. This provides for a formal process for submitting claims, the details of which will be specified in subsequent rules.
2. The application shall contain all relevant information relating to the damage, the alleged cause of the damage, the identification of the launching State or operator, and the quantum of compensation claimed, along with supporting evidence. This outlines the essential information that must be included in a compensation claim, ensuring that the Tribunal has the necessary details to assess the case.
3. The Tribunal may require the applicant to furnish such further information or documents as it deems necessary for the proper adjudication of the claim. This allows the Tribunal to seek additional information if needed to make an informed decision.
4. The Tribunal shall serve a copy of the application on the launching State or operator alleged to be liable, who shall have the opportunity to file a response within a specified period. This ensures that the party against whom the claim is made has a fair opportunity to present their case.

Section 11: Time Limits and Limitation Period

1. A claim for compensation under this Act shall be filed within such time limit as may be prescribed by rules, which shall take into account the principles of international law and the practical considerations of identifying the cause and extent of damage. This section establishes a time limit for filing claims, recognizing the potential difficulties in identifying the source of space debris and assessing the damage. The prescribed time limit should be reasonable and consistent with international norms.
2. The Tribunal may, in its discretion, condone any delay in filing a claim if it is satisfied that there was sufficient cause for the delay. This provides a mechanism for exceptions to the time limit in genuine cases of hardship or where there were valid reasons for the delay in filing.
3. The limitation period for claims involving damage that manifests over time or is discovered later may be specifically addressed in the rules, ensuring fairness to victims in such situations. This acknowledges that some types of damage, particularly environmental damage or long-term health effects, may not be immediately apparent, and provisions need to be made to accommodate such cases.
    

Section 12: Determination of Quantum of Compensation

1. The Tribunal shall determine the quantum of compensation payable to the victim, taking into account the actual loss or damage suffered, including loss of life, personal injury, damage to property, economic loss, and environmental damage. This outlines the factors that the Tribunal will consider when assessing the amount of compensation. The scope is broad, covering various types of losses.
2. In determining the quantum of compensation for environmental damage, the Tribunal may consider the costs of restoration, remediation, and preventative measures, as well as any long-term ecological impacts. This specifically addresses the complex issue of valuing and compensating for environmental harm caused by space debris.
3. The Tribunal may also award interest on the compensation.
    

Regulatory Authority and Compliance

This chapter establishes the administrative body responsible for overseeing compliance with the Act and outlines the obligations of entities involved in space activities.

Section 13: Establishment of National Space Liability Authority (NSLA)

1. The Central Government shall, by notification in the Official Gazette, establish a body to be known as the National Space Liability Authority (NSLA) to exercise the powers conferred on it and to perform the functions assigned to it under this Act. This section mandates the creation of a dedicated national agency, the NSLA, which will be the primary regulatory body for space debris liability and compensation matters. Establishing a specific authority ensures focused attention and expertise in this evolving field. The notification in the Official Gazette will formally announce its establishment and legal standing.
    
2. The NSLA shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold, and dispose of property, both movable and immovable, and to contract, and shall by the said name sue or be sued. This provision grants the NSLA the legal status of a body corporate, giving it the autonomy and legal capacity to operate effectively. "Perpetual succession" means it will continue to exist regardless of changes in its membership. The power to hold property and enter into contracts is essential for its administrative functioning. The ability to sue and be sued ensures its accountability within the legal system.
    
3. The NSLA shall consist of a Chairperson and such other members as the Central Government may appoint, possessing expertise in space law, international law, risk management, insurance, space technology, and environmental science. This outlines the composition of the NSLA, emphasizing the need for a multidisciplinary team with relevant expertise. The inclusion of experts from various fields ensures a comprehensive approach to regulation and oversight. The appointment by the Central Government ensures accountability to the state.
    
4. The functions of the NSLA shall include:
   1. To oversee and monitor compliance with the provisions of this Act and the rules and regulations made thereunder. This is a core function, tasking the NSLA with ensuring that all relevant entities adhere to the requirements of the legislation. This will involve developing mechanisms for monitoring space activities and debris mitigation efforts.
   2. To act as the primary point of contact for international notifications and cooperation related to space debris liability. This highlights the NSLA's role in international engagement, facilitating communication and collaboration with other nations on matters of space debris. This is crucial for implementing international obligations and addressing cross-border issues.
   3. To facilitate the settlement of claims for compensation amicably, where possible, before referring them to the Compensation Tribunal. This encourages alternative dispute resolution, potentially leading to faster and less adversarial outcomes for victims and liable parties. The NSLA could establish mediation or conciliation mechanisms.
   4. To collect and disseminate information related to space debris, including its tracking, risk assessment, and mitigation measures. This emphasizes the NSLA's role in knowledge management and awareness. Providing information can help prevent incidents and inform policy decisions.
   5. To advise the Central Government on matters relating to space debris liability and compensation, including the formulation of policies and regulations. This positions the NSLA as a key advisory body, providing expert input to the government on this specialized area.
   6. To conduct inquiries and investigations into incidents involving space debris that cause damage. This empowers the NSLA to gather facts and determine the circumstances surrounding damage events, which can be crucial for liability assessment.
   7. To maintain a register of space objects launched from India or by Indian entities, including relevant details for liability purposes. This establishes a crucial record-keeping function, enabling the identification of the origin of space debris.
   8. To promote and develop best practices for space debris mitigation among Indian space actors. This proactive function aims to reduce the creation of new debris and manage existing debris effectively.
   9. To exercise such other powers and perform such other functions as may be prescribed by rules or as may be necessary for carrying out the purposes of this Act. This provides a broad mandate, allowing the NSLA to adapt to future challenges and undertake additional responsibilities as needed.

Section 14: Obligations of Launching Entities

This section outlines the specific responsibilities that entities involved in launching space objects must adhere to, aiming to prevent the creation of space debris and ensure accountability.

1. Every entity launching a space object from India or under Indian jurisdiction shall:
   1. Take all practicable steps to minimize the creation of long-lived space debris during all phases of the mission, including design, launch, operation, and disposal. This emphasizes the principle of debris mitigation at every stage of a space mission, encouraging responsible design and operational practices. "Practicable steps" acknowledges that complete elimination might not always be feasible but requires a diligent effort to minimize debris generation.
   2. Provide to the NSLA, in a timely manner and in such form as may be prescribed, detailed information about the space object, its mission profile, planned orbital parameters, and intended disposal procedures. This ensures that the NSLA has the necessary information to track and assess the potential liability associated with each space object. Timely reporting is crucial for effective monitoring.
   3. Comply with all national and international guidelines and best practices related to space debris mitigation and orbital debris management. This reinforces the importance of adhering to established standards aimed at preserving the space environment. This includes guidelines issued by international bodies like the Inter-Agency Space Debris Coordination Committee (IADC).
   4. Have in place a documented plan for the safe and responsible disposal of the space object at the end of its useful life, including, where feasible, de-orbiting and re-entry or relocation to a graveyard orbit. This mandates end-of-life planning to prevent the long-term accumulation of defunct objects in valuable orbital regions. The plan should consider safe disposal methods.
   5. Maintain accurate records of any fragmentation events, malfunctions, or other incidents that may lead to the creation of space debris associated with their space object, and report such events to the NSLA immediately. This ensures transparency and allows for timely assessment of potential liability and the tracking of newly generated debris.
   6. Take all reasonable measures to track and monitor their space objects and any associated debris. This emphasizes the ongoing responsibility of launching entities to be aware of the location and status of their space assets and any debris they generate.
   7. Provide the NSLA with regular updates on the operational status and orbital parameters of their space objects. This ensures that the NSLA's registry remains current and accurate.

 

Section 15: Insurance and Financial Guarantees

This section introduces the requirement for insurance or other financial mechanisms to ensure that funds are available to compensate for potential damage caused by space activities.

1. The Central Government may, by rules, require launching entities to maintain adequate insurance coverage or provide other forms of financial guarantees to cover potential liability for damage caused by their space objects or space debris originating from them. This empowers the government to mandate financial security measures, ensuring that victims can be compensated even if the liable entity faces financial constraints. The "adequacy" of coverage will likely be determined based on the risk profile of the space activity.
2. The rules made under sub-section 1 may specify the types and amounts of insurance or financial guarantees required, taking into account the nature of the space activity, the potential risks involved, and international practices. This provides flexibility in setting the requirements based on various factors, such as the size and type of the space object, its orbit, and the potential consequences of failure or debris generation. Consideration of international practices promotes harmonization.
3. The NSLA shall have the power to verify the adequacy and validity of the insurance coverage or financial guarantees provided by launching entities. This ensures that the required financial safeguards are in place and meet the specified standards.
4. In determining the level of insurance or financial guarantee required, consideration may be given to the track record of the launching entity in space operations and its adherence to space debris mitigation guidelines. This incentivizes responsible behavior by potentially reducing the financial burden on entities with a strong safety record.
5. The proceeds from the insurance or financial guarantees shall be used to compensate victims in accordance with the provisions of this Act and the awards of the Compensation Tribunal. This clarifies the purpose of these financial mechanisms – to provide a source of funds for compensation.
    

Section 16: International Notifications and Cooperation

This section emphasizes the importance of international collaboration and adherence to international notification requirements related to space activities and potential damage.

1. The NSLA shall be the designated national authority responsible for making and receiving notifications under the Convention on International Liability for Damage Caused by Space Objects, 1972, and other relevant international agreements. This formally assigns the NSLA the role of the primary interface for international communications related to space debris liability.
2. In the event of damage caused by a space object launched from India or by an Indian entity to a space object or property of another State or its nationals, the Central Government, through the NSLA, shall promptly notify the affected State in accordance with international law. This ensures that India fulfils its obligations under international treaties by informing other nations of damage caused by its space activities.
3. Where India or its nationals suffer damage caused by space debris originating from another launching State, the Central Government, through the NSLA, shall take appropriate steps to pursue a claim for compensation from that launching State in accordance with international law. This outlines the process for India to seek compensation when it is the victim of space debris damage caused by another nation.
4. The NSLA shall promote and facilitate international cooperation in the exchange of information, best practices, and research related to space debris mitigation, tracking, and liability. This encourages collaboration with other spacefaring nations to address the global challenge of space debris.
5. The Central Government may enter into bilateral or multilateral agreements with other States concerning liability for damage caused by space debris, and the NSLA shall be responsible for implementing India's obligations under such agreements. This allows for the development of specific agreements with other nations to further clarify or enhance the framework for liability and compensation.

Penalties and Enforcement

This chapter outlines the consequences for non-compliance with the Act and the mechanisms for enforcing the decisions of the Compensation Tribunal.
 

Section 17: Penalties for Non-Compliance

This section establishes penalties for failing to adhere to the obligations outlined in the Act and its associated rules and regulations.

1. Any launching entity that fails to comply with the obligations specified in Section 14 or any rules or regulations made thereunder shall be liable to a penalty which may extend to [insert appropriate financial penalty amount], depending on the nature and severity of the non-compliance. This provision creates a financial disincentive for launching entities that do not fulfil their responsibilities regarding debris mitigation, reporting, and disposal planning. The specific penalty amount would need to be determined based on considerations of effectiveness and proportionality.
2. If a launching entity fails to maintain the required insurance coverage or financial guarantees as specified under Section 15 or the rules made thereunder, it shall be liable to a penalty which may extend to [insert appropriate financial penalty amount] and may also be prohibited from launching further space objects until such requirements are met. This imposes penalties for failing to secure the necessary financial safeguards, potentially including a suspension of launch privileges, which can have significant operational and financial consequences.
3. Any person who intentionally provides false or misleading information to the NSLA or the Compensation Tribunal shall be liable to a penalty which may extend to [insert appropriate financial penalty amount] or imprisonment for a term which may extend to [insert appropriate term], or both. This addresses fraudulent behavior and aims to ensure the integrity of the information provided to the regulatory and judicial bodies. The inclusion of imprisonment for serious offenses underscores the importance of accurate reporting.
4. The NSLA shall have the power to adjudicate penalties under this section in accordance with such procedures as may be prescribed by rules. This grants the NSLA the authority to impose these penalties, subject to due process and fair procedures outlined in the rules.
5. The penalties imposed under this section shall be without prejudice to any liability for compensation under Chapter II. This clarifies that these penalties are separate from and in addition to any compensation that the liable entity may be required to pay to victims.
    

Section 18: Enforcement of Tribunal Awards

This section outlines the mechanisms for ensuring that the compensation awarded by the Tribunal is actually paid to the victims.

1. An award made by the Compensation Tribunal under this Act shall be executable as a decree of a civil court in India. This provision aligns the enforcement of Tribunal awards with the established procedures for enforcing judgments of civil courts, providing a familiar and effective mechanism for ensuring compliance.
2. If the launching State or operator liable for compensation fails to pay the awarded amount within the time specified by the Tribunal, the victim may apply to the relevant civil court for the execution of the award. This empowers the victim to take legal action to compel the payment of compensation if the liable party defaults.
3. In cases where the liable party is a foreign State, the Central Government shall take appropriate diplomatic and legal measures, in accordance with international law, to ensure the enforcement of the Tribunal's award. This addresses the complexities of enforcing awards against foreign states and emphasizes the role of the government in pursuing such cases through diplomatic channels and international legal mechanisms.
4. Where insurance or financial guarantees are in place, the Tribunal may direct the insurer or guarantor to pay the compensation amount directly to the victim, up to the limit of the coverage or guarantee. This streamlines the compensation process in cases where financial security measures are in place.

Miscellaneous
This chapter contains general provisions that facilitate the implementation and interpretation of the Act.

Section 19: Power to Make Rules

This section grants the Central Government the authority to create detailed rules and regulations for the effective implementation of the Act.

1. The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. This is a standard provision in legislation that delegates rule-making authority to the executive branch to provide the necessary details and procedures for the Act's operation.
   
2. In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters:
   1. The form and manner of application to the Compensation Tribunal under sub-section 1 of Section 10. This allows for the specification of the format and procedures for filing compensation claims.
   2. The time limit for filing claims under sub-section 1 of Section 11. This enables the government to set the specific timeframes for submitting claims.
   3. The procedure to be followed by the Compensation Tribunal in adjudicating claims. This allows for the detailed regulation of the Tribunal's working methods.
   4. The establishment and functioning of the National Space Liability Authority, including the terms and conditions of service of its Chairperson and other members. This provides the framework for the operational details of the regulatory authority.
   5. The form and manner of providing information to the NSLA under clause b of sub-section 1 of Section 14. This allows for the standardization of reporting requirements for launching entities.
   6. The types and amounts of insurance coverage or financial guarantees required under Section 15. This enables the government to specify the financial security measures.
   7. The procedures for adjudicating penalties under sub-section 4 of Section 17. This ensures due process in the imposition of penalties.
   8. Any other matter which is required to be, or may be, prescribed. This is a broad clause that allows for the creation of rules on any other aspect necessary for the Act's implementation.
      
      
3. All rules made under this section shall be laid, as soon as may be after they are made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
   
   This is a standard parliamentary oversight mechanism, ensuring that the rules made by the government are subject to review and potential modification or annulment by the Parliament.
   

Section 20: Savings and Repeals

This section deals with the relationship of this Act with other existing laws.

1. Nothing in this Act shall be construed as limiting or affecting any other rights or remedies that may be available to a victim under any other law for the time being in force. This ensures that the Act does not diminish any existing legal protections or avenues for redress that victims may have.
    
2. If there is any other law in force that is inconsistent with the provisions of this Act, the provisions of this Act shall prevail to the extent of the inconsistency in matters related to liability and compensation for damage caused by space debris. This establishes the supremacy of this Act in matters specifically concerning space debris liability and compensation, ensuring a consistent legal framework.
    
3. Optional: Include a list of specific enactments that are being repealed or amended to avoid conflicts with this Act. This clause would be included if the new Act necessitates the repeal or amendment of existing legislation.
   

Section 21: Removal of Difficulties

This is a standard "removal of difficulties" clause that provides a mechanism for the government to address unforeseen challenges during the implementation of the Act.

1. If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:
   
   Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.This allows the government to issue orders to resolve practical difficulties that may arise during the initial implementation phase, ensuring a smooth transition. The time limit ensures that this power is not open-ended and that any significant issues are addressed through amendments to the Act itself.
   
   
2. Every order made under sub-section 1 shall be laid, as soon as may be after it is made, before each House of Parliament. This ensures parliamentary oversight of any orders issued under this section, maintaining a system of checks and balances. It allows Parliament to review, debate, and if necessary, disapprove or seek modification of the orders, thereby preserving democratic accountability.
    

Written By: Anshu Kumar, BA LLB(Hons), 6th, Semester - Presidency University Bengaluru