ISRO's Gaganyaan Mission and Regulatory Framework

The Indian Space Research Organisation (ISRO) conducted well deck trials of the Gaganyaan mission's crew module with the Indian Navy off the Visakhapatnam coast. This milestone aligns with India's burgeoning space ambitions, which include the Chandrayaan and Gaganyaan missions and the Bharat Antariksh Station.

Importance of a Legal Framework

A robust legal architecture is essential for sustainable and safe space activities. The Outer Space Treaty of 1967 sets foundational principles such as prohibiting national appropriation and assigning responsibility to states for space activities, but it is not self-executing. National legislation is necessary to operationalize these international commitments domestically.

Current State of India's Space Legislation

• Despite ratifying key UN treaties, India lacks comprehensive national space legislation.
• Space policy in India is evolving incrementally, focusing on technical regulations and authorizations.
• Recent regulatory developments include:
  • Catalogue of Standards for the Space Industry (2023)
  • IN-SPACe Norms Procedure Guidelines for Authorization (2024)

Challenges and Needs for Legislative Clarity

It highlighted the need for statutory authority to empower IN-SPACe, which currently lacks formal legal backing. Clear statutory guidelines are needed for:

• Licensing procedures and timelines
• Foreign Direct Investment (FDI) rules, including 100% FDI in satellite component manufacturing under automatic routes
• Liability frameworks for damages caused by private entities
• Intellectual property rights

Operational Challenges and Innovation

• The dual-use nature of space technologies complicates regulatory approvals, requiring multiple ministry clearances. 
• Clear FDI rules could attract essential capital for scaling operations. 
• Legislation should also foster innovation, protect intellectual property, and encourage industry partnerships.

International and Geopolitical Context

• It noted that international geopolitical tensions pose greater threats to space governance than national legislative delays. 
• The absence of political consensus amid big power contestations is a significant risk to the Outer Space Treaty.

Future Prospects

The completion of India's space legislation is crucial for nurturing its commercial space ecosystem. With the International Astronautical Congress potentially being hosted in India, the timing is critical for finalizing binding statutory laws.