INTRODUCTION:

India has made remarkable position in space research and space exploration and the prime attention of India’s research is on the peaceful and beneficial uses of outer space. India’s first space policy is reflected in the statement given by Dr. Vikram Sarabhai on the occasion of the dedication of TERLS¹ to the United Nations on 2nd February, 1968 he said:

“India is a developing nation and outer space activities can be conducted to use these applications of technologies to solve the problems of society and humans. We don’t have any doubt regarding the purpose for space exploration and we don’t even fantasy to compete with the economically advanced nations in the exploration of the moon or the planets or manned space-flight. We need to play a meaningful role rather than competing with other space faring nations to gain military supremacy.”

INDIA’S VISION AND MISSION FOR SPACE PROGRAMME:

India’s space programme started with a vision of social and economic development. The scientists started the space venture by keeping in mind the vision in contrast to other major space faring nations, where the space programme is based on gaining military supremacy and realizing other benefits from outer space. India being a developing country faces many complications and problems such as communication, education, health care, poverty and weather conditions. And so because of that space exploration is not considered as a luxury but a necessity for societal progress. If the country like India go via traditional route for the eradication of these problems it may take years, under these circumstances space technology provides cost effective solution through satellites.

Space applications are practical and essential part of day to day lives and are considered as emerging global structure. Satellites provide solution to all these worries. Satellites provide vital communication services, global distribution of news/entertainment, health care and educational programming to the developed and developing nations. India has started making the best out of space activities like communication sector is supported by INSAT system, which is largest in entire Asia. Tele-education such as tele-school, country wide classroom, single mode open universities, gyan darshan and edustat is well known in India for imparting education in India. For health sector, ISRO² is working on pilot program on national level covering 100 hospitals all over the country with 78 Rural/Remote/District hospitals /Health Centres connected to 22 Speciality Hospitals located in the major cities³.

Space activities provide various advantages to the society and help to understand the planet and intricacies related to it. Satellites have the ability to predict the weather and its immediate consequences and helps through satellite images to keep the use of resources in a proper way nationally and globally. The satellites can be used for scientific, military and commercial purposes. The use of GPS is transforming the entire way of work, play, travel. This application of Global Positioning System was initially started by United States for military purpose and now it is also used for peaceful purpose. The multi-spectral images from space help us to keep the resources of earth intact.

DEVELOPMENT OF SPACE PROGRAMME IN INDIA – FROM 1970-1990:

The space activities in India started from the era of 1970, initially during those days the emphasis was primarily given to research and development of various engineering and scientific disciplines for the launch of vehicles and satellite. The initiation of launching satellites and vehicles started from the eighties. The launch of Bhaskara, Ariane Passenger Payload Experiment, and Satellite Launch Vehicle 3 made India enter the operative and functional stage of communication, remote sensing and meteorology of satellites.

The series of communication and remote sensing satellites INSAT-I and remote sensing satellites were operationalized for well-defined applications. Slowly and steadily moving ahead the India tried to be independent in the usage and application of space technology for the purpose of national development during the eighties.

The entire space programme was divided into three stages: first was the application, second was satellite to make this application possible and third was to put into the execution i.e. the launch vehicles to put satellite into the orbit. All operational satellites mentioned above were properly planned and thereby executed.

Thereafter came the period of nineties, where the launch of Augmented Satellite Launch Vehicle and Polar Satellite Launch Vehicle⁴ Launches took place. India’s space programme became fully operational with its own series of communication and remote sensing satellites of INSAT- 2A and INSAT- 2B and IRS –B.

With the advent of new policies in the early nineties opened up the gate for privatization and commercialization of space activities. The consciousness and awareness of using and putting in application of these satellites of communication, remote sensing in use and application. The operational launch capability and large scale utilization of these technologies for variety of purposes. One of the projects named ‘Integrated Mission for Sustainable Development’ basically covered more than 170 districts and nearly 60 per cent of total geographic area. All these happening lead India one step ahead to the prospects of commercialisation and partnership in the outer space activities⁵.

NATIONAL SPACE LEGISLATION IN INDIA: THE NEED & IMPORTANE OF THE SAME:

International space law is incomplete without including national space law policy. National space policy lays down the aims and objective for activities in outer space and ways to achieve those goals. National space policies are inspired by politics at national level, foreign policy goals and bureaucratic compromise. They are intended for multiple viewers including the national legislative body, the general public, foreign allies, adversaries, third parties such as the United Nations and Non-Governmental Organizations (NGOs).

For instance, While drafting a national space policy, the makers in the United States reflected on many issues like its space proficiency, technical know-how, the evolving international security environment, competition with rivals, the usefulness of our space policy as it emphasis on security interest to other nations. The space policy of United States addresses on civil, scientific, commercial and national security such as military and intelligence issues in the space endeavours⁶.

MILITARY AND NATIONAL SECURITY ASPECT:

India present policy and laws through which space activities are governed are made taking into consideration the social requirements of the country. It hardly gave any emphasis to the Indian defence establishment, as keen on rolling out its own roadmap for a space war strategy, where a comprehensive space act would be a major game changer. Indian defence is looking forward at the possibility of setting up a launch pad dedicated to orbit military satellites. ISRO has limited launch infrastructure, so the Indian defence set up may be nudge to build its own launch vehicles of varying capabilities. So it becomes very necessary that the future space legislation should take care of the military requirements of India, which would provide a blue print for a space war that India may force to wage in the future.

The security analyst are of opinion that there is a need to use these space technologies for military purpose which would play a very significant role in order to make sure the security of space assets and technology in the form of resources. The Indian defence experts are of opinion that India need to adopt both offensive and defensive space war strategy. So, the upcoming national space legislation should contain legal provisions to assist the well-defined space security plan for India which would be unveiled by the Indian Defence Establishment. By looking at the attempts made by the neighbouring country like China who is moving ahead with the ambition for killer space devices and making attempts to deploy anti-satellite and killer space devices⁷.

India needs to accept a considerate space policy that would combine national security and commercial aspects in a balance ways. India’s political leadership has to take ownership of this domain and dictate priorities and directions including in the military aspects for more effective and efficient pursuit of its national interest in this area⁸.

India needs to develop military space policy and should publish the main features of the same. The ever changing regional and global security phenomena especially linked with space activities. While it now appears that even the capital is aware of this because it has begun to put in place the requisite hardware and military capability for security in space, this is being done in a piecemeal fashion, without any space policy.

India is not in favour to place weapons in outer space or conducting any nuclear or unconventional test. As it going to threat the entire space system irrespective of their civilian and military purposes. India needs to keep a look on international developments and national space legislation of other space faring nations where steps are taken to prevent arms race in outer space. Appropriate steps should be taken in right time without causing any kind of prejudice to the national interest of any nation.

The Indian militarization of outer space will certainly raise questions and concerns for Pakistan. Through its planned Military Surveillance and Reconnaissance System, India would be able to undermine Pakistan’s deterrence and could threaten Pakistan’s defences. India proclaims its belief in a minimum nuclear deterrence but as Indian ambitions develop along the lines suggested above such a strategy is no longer credible⁹.

The national space legislation for India needs to be compilation of using space technology for the peaceful and beneficial use of people and society and also should provide variety of range and help in governance activities of the country. India is having an excellent track record in conducting space activities and making the best out of space technology for the national development and diffusing the fruits from the potentials of satellites like IRS, INSAT AND GSAT for social and developmental purposes.

COMMERCIALIZATION AND PRIVATIZATION OF SPACE ACTIVITIES:

The need for national space legislation is the need of the hour as the existing space policies and regulation made are insufficient to deal with the complex and risky ventures of private entities in outer space. It seems all countries that are having space endeavours are having a comprehensive and clear domestic legal framework to govern their national activities in outer space and now are urging other space faring nations for enacting national space legislation. With the passage of time, a shift from government to private sector has triggered a complete requirement of the adoption of domestic regulation aimed at nurturing and governing the realisation of private sector activities in outer space.

Space legislation in India is the ultimate requirement and need of the nation especially when India is looking forward to commercialise and privatise space activities. India needs to develop and expand the capability in space exploration, scientific discovery, commercialise it competence to build satellite and offer launch service from its launch vehicles.

The speed at which India is developing and escalating in the space and space related issues it can contended that national legal framework should be implemented and enacted with international space law in consensus by creating perfect and transparent regulatory framework for the domestic space industry. With an intention of fast tracking investment and to make sure that the expansion and progression in this highly return strategic sector-capital intensive. It needs to make sure that the framework is not only providing to fulfil the treaty obligation but also for growth and expansion.

India for fast growth and development needs to involve private sector in an active front in space activities. The ISRO Chairman Dr. K. Radhakrishnan’s statement made in 2013 said that India’s space programme can be progressed with the involvement of private sector is a reflection of this recognition. Large number of industries needs to be included in space activities of the country to share the load with ISRO. For example, the Larsen and Turbo have shown keen interest in running India’s most successful launch programme of PSLV. Also some other big shots like Tata’s, Birla’s. Ambani’s and Godrej needs to play a bigger role in in India’s upcoming space programme. The inclusion of private players in outer space activities along with the government sector is going to encourage good amount of enthusiasm¹⁰.

The Indian government has a proposal to open the Indian space sector, for many years were dominated by the ISRO, to domestic and international players in a phased manner. The new space law would permit private companies in the country to take up the business of building new satellites and launch vehicles in the line with the trend in North America and West Europe. As envisaged now, in the initial stage, the private Indian companies would be given a green signal to float consortiums with the Bangalore based Antrix corporation, the commercial arm of the Indian space programme to prepare the ground for the assembly and delivery of satellites and launch vehicles on the routine basis.

The government need not losing upper hand over the growth, progress and control in the trend of space policy activities, for that very reason space and space related matters are controlled by the government. Only few countries in Asia-Pacific region have implemented national space legislation like Australia, South Korea and Japan, and no other countries have implemented international conventions through nationalised laws. Pakistan, Singapore, Indonesia and Japan have space applications, but without launch capability and no legal framework for space¹¹.

Till date, there has not been any such situation arisen where the liability or responsibility clause has been raised or invoked against India. So it is not necessary that in future, there won’t be any such situation where it will invoked to claim compensation for damage caused to another member state or third party by an Indian space object on the surface of the earth, to aircraft in flight or in outer space.

As already stated the lack of specific domestic space legislation to simply discharge of liability in liquidated damages is not a defence in law and cannot pardon international liability under the liability convention.

NATIONAL LAWS IMPLEMENTED TO FULFILL INTERNATIONAL OBLIGATIONS:

Once a country signs any international treaty it needs to implement the same to fulfil the international obligation. It is very important and it serves as an essential link that harmonisation should prevail between the nation’s universally declared stand in the international arena through international agreement and its application through implementing national legislation.

India needs to implement national space legislation at the earliest not just to fulfil the treaty obligations but because the state of development of space activities and space industry in the country has reached level makes a compelling case for legislative action. It would prove to be helpful to recall the specific provisions that require such action by countries that have ratified the agreements.

The main objective behind the countries to set up national space legislation which is truly dipped in the treaty provisions contained in the corpus of international law of outer space is well known. It seems that treaty provisions and national space legislation needs to co-ordinated in such a way that it exhibit the unending firmness of a country to support the commanding need for combined measures to achieve international affairs in such a way so as provide safeguard that outer space is not becoming yet another battlefield for nations.

According to 1968 Vienna Convention on the law of the treaties, Article 26 states that “every state in international law has to carry out all the international obligations in good faith, regardless of whether or not it harmonises those obligations with its nationalized laws.”

It is of great matter of importance to harmonize international convention with national laws as it provides the states a rational basis to legislate domestic laws in such manner which is in consistence with the national law and needs of the country. Also preserving the rights to amend, enact and amend the new laws¹².

India is party to all space treaties developed by United Nations, other than the Moon Treaty. Being a party to all the international space treaties, which constitute the main body of international space law. The law and policies regarding the space activities in India needs to reflect the compliance with the principles enshrined in the international treaties. India is pretty slow in ratifying or acceding the treaties and is taking its own sweet time to incorporate the convention obligation into the municipal law. Due to this, there is a lack of national space legislation¹³.

India is a developing country and has shown tremendous potential in spatial activities. It should not oversee the matter of enacting the space legislation because that speed at which the commercial ventures are increasing and private players are participating in the outer space activities in transitional, bilateral and multilateral activities. In order to bring profitable returns from the investment for the nationalised space economy, then it is very necessary to bring a clear, transparent and user friendly legal regime based on easily accessible information.

INDIA AND SPACE MARKET:

After years of hard work and perseverance, India is now an established space faring nation and has to play a magnanimous role with it neighbouring nations and be willing to share benefits of its prosperity. Today, almost all countries look upon to china for meeting its space requirements which could have a very strategic implication for India. So India needs to play safe and provide launch platform to its neighbours which will not only provide commercial benefits to India also accrue significant strategic benefits.

ACHIEVEMENT OF INDIA IN SPACE:

India recently made history when its mars orbiter mission successfully entered the Martian orbit. India is the first country to enter the mars orbit on its own attempt and also the first Asian country to reach the red planet. The mission to mars was extremely successful, before India’s mangalyaan (Sanskrit for mars craft), it was only the country of United States, Soviet Union and Europe that entered the mars orbit before. Now India is too part of the elite club¹⁴.

India is currently one of the leading space faring nations in the world, who operated its own whole range of fleet of telecommunication and remote sensing satellites. Further it also develops its own independent launch capabilities. India stands on the sixth position with homemade satellites in the orbit. The Indian space programme has an impressive array to achievements in putting those satellites in use space technology for vital applications like telecommunication, TV broadcasting and weather watching, forecasting agricultural crop and forest wealth assessment, water resources management, flood mapping, drought forecasting, identification of marine resources, protection of environment and rural literacy campaign¹⁵.

INDIA’S INVESTMENT IN SPACE PROGRAMME AND ACTIVITIES:

India’s investment in space technology shows that how eager India is to become a major regional space power in the continent. Recent developments in this regard have made India to enter global market rather than a regional one where it needs to compete with major space fairing nations like US, China and Russian satellites and technology in space activities. India needs to be very cautious with these nations specially China where it is direct competition with also has taken tremendous major steps in space technology. The launch of Chinese missile is one of the illustration as a warning signal to India and also the to the rest of the world particularly United States in special. India needs to take smart steps in order to counter the china’s ambition in outer space activities for economic benefit and higher returns. The spokesperson Nair of ISRO is further of opinion that china has already declared its plan and it won’t be right for India to stay behind, it needs to move ahead with paradigm shift in India’s strategic security concerns¹⁶.

INTERNATIONAL CO-OPERATION:

In all our space programmes, we have been immensely benefited by international co-operation. It can be a scientist of ISRO interacting with a scientist of NASA, or through bilateral agreement between the countries or with international bodies. Our experiments ranging from balloon facility to rocket ranges and joint experiments with international scientist and international bodies is the focus of international co-operation. Also the collaboration with other countries have led to obtain satellite data which can be used and analysed for studies in upper atmosphere, meteorology and remote sensing. Many interesting experiments in X-Ray and UV astronomy have been carried out through the Guest Observer Programmes in the scientific satellites. These were some of the illustration of very fruitful and extensive international co-operation that we have worked and received through other outer space faring nations.

CONCLUSION:

India has recognised itself as one of the major space faring nations and made tremendous progress for the same. It performance can get the most if followed the objective of the policy with greater sense of purpose. By giving more importance and emphasis to military and commercial aspects, India need to make a shift from a purely civilian space programme to the one that is driven towards fulfilling the national security aspects.

India while drafting national space legislation needs to take care of both the aspects commercial and military aspects. A combination of such space policy would fulfil the unattained aspects for the country. India has invested in spatial activities for long; now the time has come to reap the benefits and if the norms and guidelines are weak this would further lead to obstacle in the path of spatial activities.

India needs to be truly in the forefront of the technology driven new international economic order unfolding there is dire need to fully understand the ‘space dimension’ of our existence as comprehensively as we do understand earth, air and sea. One should not always understand space from the perspective of those experts only who are related to science, technology, defence etc. but must be understood from the perspectives of the entire masses, whose lives will be enhanced and enriched by the vital benefit from space activities. The objective of India requires national space policy and implementation of national space legal regime.

With its vast experience and also ambitious forays into initiatives such as planetary exploration, India should play an important role in creating a conductive legal environment in the field of space, for balancing both public and private interests and for responding to evolving international environment for space activities.

The drafting of national space legislation is a tedious task and thereby calls for practical work on the elaboration and drafting of legal framework. It requires sound knowledge from the interaction between international and domestic laws also drafting of space legislation requires legal craftsmen, international space lawyers, technocrats, scientists and technocrats.

It won’t be an easy task to draft comprehensive space legislation for India, given wide range of activities and many aspects and factors affecting needs to be taken into consideration.

REFERENCE:

1. Thumba Equatorial Rocket Launching Station.

2. Indian Space Research Organisation.

3. Kumar, Shailendra, “Emerging Issues: Space Legislation in India”, Regal Publications 2015 P. 16. See Telemedicine: Healing Tough Trough space, Publics by ISRO available on http://www.isro.org/publications/pdf/telemedicines pdf, accessed on 25/09/2016.

4. ASLV and PSLV.

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13. Reddy, Balakista, “Emerging trends in Air and outer space laws”, Uppal Publications, 2007.

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15. Dunk, Frans, G. Von Der, “The international law of outer space and consequences at the national level for India: Towards an Indian national space law”, space and telecommunication Law Program Faculty Publications, University of Nebraska, 2009.

16. Abbasi, Rizwana, “India in outer space –emerging concerns”, See http: //www.countercurrents/org/abbasi290108, html, accessed on 21/09/2016.

Received on 14.09.2018 Modified on 28.11.2018

Res. J. Humanities and Social Sciences. 2019; 10(2): 391-396.

DOI: 10.5958/2321-5828.2019.00066.4