India’s National Space Day

Date: 23rd August
Purpose: To celebrate India’s space achievements and inspire future generations in STEM (Science, Technology, Engineering, and Mathematics).

Background:

• The first National Space Day was observed on 23rd August 2024.

• It commemorates the successful soft landing of Chandrayaan-3’s Vikram Lander and the deployment of the Pragyan Rover on the Moon on 23rd August 2023.

• The day highlights India’s growing space capabilities and upcoming ambitious missions like Gaganyaan (India’s human spaceflight program) and the Bharat Antariksh Station (India’s planned space station).

Why Does India Need a National Space Law?

1. To Operationalize Global Commitments

• India is a signatory to the Outer Space Treaty (OST), 1967, and other related UN treaties through the United Nations Office for Outer Space Affairs (UNOOSA).

• These international agreements promote peaceful use of space and assign responsibility and liability to countries for national space activities.

• However, UN treaties are not self-executing; countries must enact domestic laws to implement treaty obligations effectively.

• Other countries like the USA, Japan, and Luxembourg already have such laws for licensing, liability, and commercial space activities. Without a national space law, India risks non-compliance and losing its competitive edge globally.

2. To Balance Domestic Gaps with Geopolitical Realities

• While the OST has provided a foundation for space governance, rising geopolitical tensions (especially among US, Russia, and China) pose risks for space governance stability.

• India needs a strong domestic legal framework to protect its commercial interests, national security, and technological advancements amid such uncertainties.

3. To Provide Legal Certainty for Industry

• Current policies (Indian Space Policy 2023, IN-SPACe Guidelines 2024) show government intent but lack statutory/legal authority.

• A national space law would empower IN-SPACe as the official regulator to authorize space activities, reduce bureaucratic delays, and build investor confidence.

4. To Support Startups and Innovation

• Space startups face high risks due to expensive satellites and launch vehicles, and lack affordable liability insurance.

• A law can:

  • Mandate third-party liability insurance.

  • Define clear claim and accident investigation procedures.

  • Provide affordable insurance schemes.

  • Strengthen intellectual property (IP) protections to encourage innovation and prevent brain drain.

5. To Manage Safety and Sustainability

• A comprehensive law can establish:

  • Safety standards for space operations.

  • Mechanisms to manage space debris and mitigate collisions.

  • Procedures for handling accidents or emergencies in space.

  • Unified satellite frameworks ensuring responsible and credible space activities.

Indian Space Policy 2023

• Objective: Enhance India’s space capabilities, encourage private sector participation, advance technology development, and strengthen international cooperation.

• Delineation of Roles:

  • ISRO: Focus on research, innovation, and advanced technologies.

  • IN-SPACe: Single-window authorization for all space activities (government and private), ensuring safety, national security, and treaty compliance.

  • NewSpace India Limited (NSIL): Commercialize publicly funded space technologies and offer space-based services.

  • Department of Space: Policy implementation, safe and sustainable space operations, international coordination, and dispute resolution.

• Applicability: Covers all space activities within Indian territory and exclusive economic zone, with the government retaining rights to grant exemptions.

Challenges Without a National Space Law

1. Regulatory Hurdles

• Approvals involve multiple ministries (Defence, Telecom, Commerce, Department of Space), leading to duplication and delays.

• Satellite communication projects, for instance, require simultaneous clearances from various departments.

• IN-SPACe currently operates via executive orders, lacking formal legislative authority, which lowers investor confidence and risks legal challenges.

2. Liability Concerns

• Under the OST, India is internationally liable for all national space activities, including those by private companies.

• High liability insurance costs pose a significant entry barrier for startups.

3. Foreign Direct Investment (FDI) Issues

• Satellite manufacturing faces restricted FDI caps and unclear approval processes.

• India seeks 100% automatic FDI approval in satellite components to attract foreign investments.

• Competitors like Luxembourg and UAE offer more liberal investment policies, attracting global space startups.

4. Cybersecurity Threats

• Satellites are vulnerable to hacking, GPS spoofing, and espionage.

• India currently lacks an independent Space Cybersecurity Command or a dedicated cybersecurity division within ISRO, increasing national security risks.

5. Climate Change and Infrastructure Risks

• Launch sites like Sriharikota and Thumba face climate threats (e.g., sea-level rise, extreme weather).

• There is no legal requirement for climate adaptation in space infrastructure, making them vulnerable.

6. Strategic Military Gaps

• Delay in creating space-based defense assets and integrated commands is worsened by the absence of statutory support.

Measures Needed to Strengthen India’s Space Industry

1. Enact a Comprehensive National Space Law

• Align India’s domestic laws with the Outer Space Treaty and related agreements.

• Clearly define roles and responsibilities for government agencies and private players.

• Establish liability norms and dispute resolution mechanisms.

2. Expand Private Sector and Startup Participation

• Fully implement New Space Policy 2023 to allow private development of launch vehicles, satellites, and deep-space technologies.

• Empower IN-SPACe with stronger authority to streamline licensing and approvals.

3. Strengthen Space Traffic Management and Debris Mitigation

• Establish an independent Space Traffic Management (STM) system to track satellites and debris.

• Deploy active debris removal satellites using advanced technologies like laser ablation and robotic arms.

• Enhance cooperation with international bodies such as UNOOSA and IADC for sustainable space operations.

4. Enhance Cybersecurity and Space Asset Protection

• Create a dedicated Space Cybersecurity Command under ISRO and DRDO.

• Implement advanced security measures including quantum encryption, AI-driven anomaly detection, and satellite firewalls.

5. Climate Adaptation for Space Infrastructure

• Introduce legal mandates for climate resilience measures to protect launch sites and space infrastructure.

Conclusion

India’s achievements in space technology are impressive and continue to grow rapidly. However, the absence of a national space law presents regulatory uncertainties, restricts investment, hampers startup growth, and threatens sustainable space development.