Similar to international law, space law is composed of a number of treaties, conventions, and resolutions of the UN General Assembly as well as the norms and regulations of many international institutions. In particular, the five international treaties, which are the subject of space law, contain the rules, regulations, principles, and standards of international law.
The United Nations is the sponsor and guarantor of the Outer Space Treaty, the Rescue Agreement, the Liability Convention, the Registration Convention, and the Moon Agreement, five sets of principles controlling outer space. Many states also have their own national laws that regulate space-related activity in addition to these international agreements and treaties.
A POLICY FRAMEWORK FOR SATELLITE COMMUNICATIONS IN INDIA (SATCOM)
The 1997 Satellite Communication Policy (SATCOM Policy), drafted by the Department of Space, was released in 1997. Given the scope and potential of India’s space activities, one might have anticipated a lengthy, hundreds-page document containing guidelines for the advancement of satellite, telecommunication, broadcasting, and space exploration, among other services. Still, instead, the government only provided a meagre 2-page 5-point policy. It continues to be India’s sole satellite communication law.
Among other things, it outlined the advancement of satellite communication, the improvement of launch capabilities, and the promotion of private participation in the space industry. However, the government quickly understood that the policy was inadequate and set standards, procedures, and guidelines for the SATCOM policy.
NORMS, GUIDELINES AND PROCEDURE (SATCOM) POLICY, 2000
The norms laid the procedures to be followed for setting up the satellite system by private Indian companies having less than 74 per cent foreign equity. The policy formed various sub-committees to sanction and authorise the use and rules on sharing of the INSAT satellite system by private companies on a commercial basis on the capacity and capability of transponders and satellites network.
REMOTE DATA SENSING POLICY, 2011
The regulations outlined the steps that must be taken for private Indian enterprises with less than 74% foreign equity to build up a satellite network. The policy established a number of subcommittees to sanction and approve the use of the INSAT satellite system by private businesses on a commercial basis as well as the regulations governing transponder and satellite network capacity and sharing.
THE TECHNOLOGY TRANSFER POLICY OF ISRO
The government sanctioned the transfer of high-resolution imaging services up to one metre. However, sensitive imagery data from the country’s most significant defensive sites was not permitted to be transferred on a non-discriminatory and as-needed basis.
POLICIES AND NOT A LAW
A policy is a plan of action; therefore, when the government announces one, it outlines its course of action. On the other hand, a law is a set of regulations that the legislature has duly enacted. While laws are binding, policies are merely pieces of paper. If the government or anyone else breaks the law, one can sue them in court. Hence laws are more authoritative. India has no space law at present, although a bill has been under consideration since 2017.
DRAFT SPACE ACTIVITIES BILL, 2017
A legal framework for space has always been necessary, not just because the private sector is emerging but also because it is necessary for further progress and innovation; without legal protections, development cannot continue. This means that the aforementioned measure, which was first drafted in 2017, is still pending before the parliament. It is a measure that is being suggested to support and control India’s space operations. The Department of Space of the Indian government provides oversight and permission for private sector entities to engage in space operations in India.
