December 30, 2018:
The Bill also states that any intellectual property right developed on board a space object in outer space will be the property of the Central government.
The government is likely to introduce the Space Activities Bill, 2017, which will allow commercial use of space, in the budget session of 2019.
“Steps are being taken …. So that the Bill could be possibly introduced during the Budget session 2019,” according to an answer provided to a question posed in the Lok Sabha.
After the draft of the bill was put in the public domain in November 2017, the government received 52 responses, of which 15 were from the general public.
The rest were from the Indian aerospace industry and start-ups, law firms or lawyers, space experts and scholars, and satellite communication companies.
“Responses fall broadly under the category of seeking clarifications and suggestions on certain provisions, such as scope of space activities, regulatory mechanism, licencing and authorisation procedures, sharing of liability burden with a limit on damage costs, penal provisions, powers of Central Government, etc,.” the reply stated.
The bill is aimed at regulating space activities to ensure peaceful exploration and use of outer space. The bill requires licensed entities to carry out operations in a manner that prevents the contamination of outer space or damage to the earth’s environment.
Space missions must not jeopardise public health nor compromise the security or sovereignty of India, according to the draft bill that had been put up in the public domain.
“This is much needed and much awaited. Allowing commercial use will increase the domestic capacity for launches. ISRO (Indian Space Research Organisation) is already hard pressed given the growing demand for communication, disaster management and several other national priority areas,” said Rajeswari Rajagopalan, head of the nuclear and space policy initiative at the Observer Research Foundation.
“More launches would ensure that India remains competitive in the international market having already established itself as a low-cost, reliable launcher. However, now China is also emerging so we need to increase our capacity.”
The bill provides for imprisonment of up to three years and fine of over Rs 1 crore if any activity is undertaken without prior licensing, false information is furnished, or if it pollutes earth, airspace, outer space or celestial bodies.
The bill also states that any intellectual property right developed on board a space object in outer space will be the property of the Central government.
“The draft bill that was released proposed a model in which the government was responsible for setting the goals; the government will act as gatekeepers. Instead, everyone should be given a level playing field.
The best example is NASA, its importance has not diminished just because there is a SpaceX,” said Rajagopalan, referring to the US space agency and Elon Musk’s rocket company.
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Bill is pending before the Parliament and it aims to encourage both the public and private sectors to participate in the space programme.
What is it?
It is a proposed Bill to promote and regulate the space activities of India. The new Bill encourages the participation of non-governmental/private sector agencies in space activities in India under the guidance and authorisation of the government through the Department of Space.
According to the draft, as few start-up companies in India have shown interest in space systems activities and as space activities need participation from private sector agencies, “there is an urgent need for a legal environment for orderly performance and growth of space sector.”
When, where, who?
The draft was posted on the website of Indian Space Research Organisation (ISRO) on November 21, 2017.
Why has it been posted?
The Bill seeks comments on the draft from stakeholders and the public. ISRO has given a month’s time to read the 20-page draft and send comments.
What does the Bill propose?
- The provisions of this Act shall apply to every citizen of India and to all sectors engaged in any space activity in India or outside India
- A non-transferable licence shall be provided by the Central Government to any person carrying out commercial space activity
- The Central Government will formulate the appropriate mechanism for licencing, eligibility criteria, and fees for licence.
- The government will maintain a register of all space objects (any object launched or intended to be launched around the earth) and develop more space activity plans for the country
- It will provide professional and technical support for commercial space activity and regulate the procedures for conduct and operation of space activity
- It will ensure safety requirements and supervise the conduct of every space activity of India and investigate any incident or accident in connection with the operation of a space activity.
- It will share details about the pricing of products created by space activity and technology with any person or any agency in a prescribed manner.
- If any person undertakes any commercial space activity without authorisation they shall be punished with imprisonment up to 3 years or fined more than ₹1 crore or both.
