Yes, India has an effective space law regime, India has ratified 4 UN treaties
out of 5 and signed in one. Space has been a exclusive profit for public sector
due to gaining of technology private companies are now taking effective measures
to put their satellite in the orbit which can be made useful and beneficiary for
the people of India.
In Outer Space Treaty of India one of the article state that Space is free for
every single human being they can use space but they cannot own things from the
space. They can travel to other celestial bodies or meteorite but no one can own
that. Space should be use for the beneficiary for all the human kind and now due
to approval of private companies to make or launch their own satellite and put
in the orbit India has made a large number of profit due to that. On 15 February
2017 Indian Space Research Organization (ISRO) had launched 104 satellite in one
single mission which made India in a spotlight.
According to database the first Rocket of India was launched in 1963 under the
guidance of Vikram Sarabhai, subsequently India’s first satellite was launched
name Aryabhatta , it is said as First Indian Scientific satellite since that
Indian has been working hard in the areas of communication, broadcasting etc.
Indian space market has been centralized with major investing from government.
Government of India is taking a huge responsibility for the private sector for
launching of satellite or supplying space vehicle parts to outer country or for
the benefit of their own country. According to recent survey, ISRO has
about 15,000 personnel in its roster and has made about 10000 million Rs.
India is making a huge progress in the space activity.
Today, Indian government realized that its financial and technological burden
should be shared with private sector. So as long as space activities were
completely government domain, there was not a preference for national space
legislation. Even though private sector is involved and if they word doesn’t
mean liabilities will be private, liabilities will always public. According to
international space law, states bear international responsibility even though
private entities or non government entities makes a mistake state has to bare
all the loss.
Space law of India is so effective it plays important role for the economy of
the India and making a progress in space exploration, setting up satellite in
orbit made beneficiary for the people of India. India’s great ability is to
develop satellite, launching them and controlling that satellite from the ground
and not just to put Indian satellite but commercial satellite too and because of
many successful mission PM of India Narendra Modi announced to put man on space
on the year 2022.
India is coming into more and more spotlight day by day and emerging as a very
important player in term of commercial space market. So the laws of contract,
transfer if property, stamp duty, registration, patent and copyright and other
statues must be thoroughly revised to bring space related issue in domestic
laws. There are different types of provision for participation of private
satellite system but there is no legal regime to protect the operator and the
government when liability happens in the case of damage, domestic laws which are
present today are totally applicable especially intellectual property rights (IPR)
this laws aren’t revised to include in space related matters though India has
its own remote sensing data policy but yet no national law.
Later, Remote Sensing Data 2011 came into force and lifted restrictions on
supply of Satellite data up to 1m resolution getting resolution clearance from
the government’s High Resolution Image Clearance Committee. NRSC is the
authority to acquire or disseminate remote sensing date in India for Indian or
any other countries satellite for development purpose. Government of India has
all the right to impose control when issues like international obligations or
Though in ancient days onward India’s outer space saga started. Ancient
scriptures make it evidence that outer space exploration is not a new generation
technology or knowledge of India. People were more ahead in the ancient time
than now it is said that through scriptures people were more educated and
disciplined and if we talk about space exploration people were able to travel
from planet to planet. Planets were termed as ‘grahar’ since Rigveda.
As the technology developed in modern time need and demand increased for higher
resolution data and therefore there is a proper need of space policy which can
be coordinated through national and international satellite data. There is so
much of improvisation related to space law or space activity in India and India
is competing the whole world for the exploration of space or sending satellite
to mars in very first attempt and though it strengthen the space law regime, not
just the national satellite are sent to space through India but International
satellite is also sent and there are many satellites on orbit sent by Indian
Also, Indian space program is a clearly civilian initiative and its major focus
is on development society and commercial interest which plays a important role
also there is no separate military space efforts or budget, India has a very
impressive record in the regards of international cooperation and in the last it
is the member of UN treaties.
Hence, we can clearly state that there is a very amazingly impressive effective
space regime of India because it focuses on over all development and not just a
particular private or public entities.
Comparative Studies Between U.S.A, Russia And India:
United States Of America:
US space related laws are compiled and mentioned in title 51 of united states
code and some of the related laws to compare between three countries are
- Communication act of 1934
This act was passed a long time ago and it was passed before the first space
flight launched in US it and this act has been improvised or amended so that
they can govern requirement for the commercial satellite operations,
licensing and coordination in the use of radio spectrum.
- National Aeronautics and Space act of 1958:
This act was signed by Dwight Eisenhower in 1958 and thus this established
NASA and got USA space objective and expanded the space knowledge which was
required and became successful in no time. They started creating or
improving space vehicle and other than they understood advantage of space
exploration and also benefit from space objective and preserved United
States as space leader.
- Land Remote sensing policy act 
In 1992 law repealed the land remote sensing policy act, as it was
transferred to private sector in US government owned Land sat proved
problematic and this new law gave power to department of commerce to license
and regulate the US commercial remote sensing and to outsource the
development of new Land sat components of private sector.
- The Commercial space launch act
This law was originally passed on 1984 and has been amended, the law grants
the USA Department of Transportation regulatory oversight of commercial
space vehicle, this informs regulations for commercial human spaceflight and
it also indemnifies companies for large third party damage.
The only usual thing in India is that space sector is held by government
entities , the Indian Space Research Organization. Outsourcing only involves
certain degree of supply and manufacture of components by some commercial
industries. Recently India is poured when ISRO launched ‘make in
India’ campaign which outsourced satellite manufactured to private sector
Ancient days onwards India’s outer space saga starts. Ancient scriptures make it
evident that outer space exploration is not a new generation technology or
knowledge in India. Indian astrology is greatly related with astronomy. Science
treats Sun as the centre of the solar system and do the analysis, but in Indian
astrology it is geo centre – Earth is the middle point and the life of human
beings on earth is affected by the position of planets in the solar system
including the Sun, at the time of his or her birth.
Independent India has shown keen interest to know the celestial bodies and it
started with Dr.Vikram Sarabhai, founding father of Indian Space Program during
1960s. The Indian space Research Organization (ISRO) later became the identity
of India in space race and is playing a very significant role – almost like a
monopolist. Recent draft of space law made by India has given away with this
monopoly by allowing the private players to enter Indian space race.
India has launched rocket to mars and which is a huge success for India, India
is the 4th country to send rocket to march and has been successful in first try,
this mission was known as Mars orbiter mission which made a pretty big deal
between all the countries and made India in spotlight, countries like USA
Russia etc tried many times but failed though they are successful after number
of tries but India got successful within one try.
Independent India got so interested in exploration of space and finding out
celestial bodies there Vikram Sarabhai founded ISRO which is Indian Space
Research Organization. Vikram Sarabhai is known as the father of ISRO and later
ISRO became the identity of India and now its playing a very important role and
recent draft says that private sector can also enter into the space.
India has very recently made the draft of Outer Space Law (Annexure – 5 and
comment given by the researcher to the Department of pace, India is attached
with this document as Annexure – 6). Before the introduction of this draft
majority of the country’s population was not aware whether India had any law or
not in this respect; rather the only focus was ISRO with respect to Indian space
Outer space research was started here. The first bean of outer space is spilled
over here and from there all other countries started space exploration. The
world’s first satellite was sent from Russia name Sputinik.
Under the law of the Russian Federation about space activity, decree no.
5663-1 of the Russian House of Soviets, all the space activities are being
regulated and amended as per need by other laws and normative acts of Russian
Federation which is issued in accordance with its Constitution and this law.
Space activities compromises creating as well as transferring and using of space
technique and other products and service which are really necessary for caring
out all the space activity. Use of all the nuclear power and arms can be made as
part of the legislation as it mentions that all other activities which are
performed with the aid of space technology ,which is very vague.
Articles 2 and 3, mentions about the use of space activities for defense,
pointing towards militarization of space; but through Art. 4 (2), Russia has
made it very clear to the world, that it is against militarization of outer
space and use of nuclear weapons or any such weapon in the outer space. The
Russian Space Agency may create its territorial agencies so as to fulfill its
functions, taking under consideration interests of subjects of Russia in use of
results of space activity. Russia, like China, has its own plans for space
exploration, including a return to human spaceflight and construction of a
Russian space station independent of the ISS.
Hence, commercialization has moved its space from domestic to global space, and
this the same which is needed in the case of outer space activities also from
national to global perspective is needed as far as space exploration or