The Department of Space has released a draft Space Activities Bill, 2017.
What are the key provisions?
The provisions of the legislation shall apply to every citizen of India.
And also to all sectors engaged in any space activity in India or outside India.
Regulatory mechanism - The central government is responsible for setting mechanisms and promoting space activity.
This includes exploration and use of outer space, and development of the sector.
The central government can:
grant, transfer, or terminate licenses to any person for commercial space activities
provide professional and technical support, and authorisation to launch or operate space objects
regulate the procedures for conduct and operation of space activity by monitoring the conformity with international space agreements to which India is a party
ensure safety requirements and investigate any incident or accident in connection with the operation of a space activity
Licences - A non-transferable licence shall be provided by the Central Government to any person carrying out commercial space activity.
A license granted by the central government includes -
permission for the central government to inspect any space activity and documents related to space activity
obligation on the licensee to insure himself/herself against any liability incurred due to any activity authorised by the license
Liabilities - A licensee should compensate the central government against claims brought against the government.
This would be regarding damages arising out of commercial space activities covered under the license.
Penalties - The draft Bill provides for penalties in case of:
unauthorised commercial space activity
furnishing false information or documents
causing environmental damage
entry into prohibited areas
disclosure of restricted information
Protection of action taken by the central government i.e. no legal proceedings can lie against the central government with respect to anything done in good faith in pursuance of space activity.
IPR - Intellectual property rights developed during the course of space activity will be protected under the law.
Further, any intellectual property right developed onboard a space object in outer space will be deemed to be the property of the central government.
What does the bill aim for?
Currently, space activities are regulated by policies such as the Satellite Communication Policy, 1997 and Remote Sensing Data Policy, 2011.
The proposed Bill addresses the need for a legal environment for orderly performance and growth of the space sector.
It aims at encouraging both the public and private sectors to participate in the space programme.
The Bill specifically facilitates for the participation of non-governmental/private sector agencies in space activities in India.
