Commercialization and Privatization of Space Industry in India: Legal Issues and Challenges

Paper number

IAC-07-E6.5.15

Author

Prof. Balakista Reddy Vundhyala, NALSAR University of Law, India

Year

2007

Abstract

The development and application of space technology since 4th October 1957 have made tremendous impact on the globe in diversified fields including social, economic, cultural, scientific and technological aspects. The use of space technology during the last five decades has adequately proved that in many areas of human activity—communications, television broadcasting, meteorology, food production, education, industrial growth, resource management, monitoring of environment, forest wealth, minerals, navigation, transportation, medicine, national security  and so on.

 India is one of the few countries, that has realized the immense potential of space technology for national development and establishment of peace in the Sub-continent. This headway into space technology has not only brought about a sense of appreciation and confidence from the private sector but also necessitated the national space agency to make all-out efforts to ensure participation of industry, in space activities increased manifold. India entered the Nineties with the launch of more ASLV and PSLV launchers. In the New Millennium, India successfully sent the revolutionary GSLV and EDUSAT projects, which were important milestones in India’s ambition of sending a spaceship to the Moon.
	During the last two decades, increasing emphasis on reducing state budgets worldwide, has forced the world’s space faring nations to reassess their civil space programs. Such action requires establishing close working arrangements between government and private industry which facilitate satellite communications, navigation and location of position, remote sensing, data processing, support services, land infrastructure etc. Developing countries like India are hard pressed to allocate funds for these activities. There is a huge market to be tapped in India in the field of cable and satellite television in India.

In view of the aforesaid developments, this paper seeks to trace the developments in the field of Commercialization of space industry, like the joint ventures entered into by the Antrix Corporation, the commercial wing of the Indian Space Research Organization (ISRO) and the need for privatization of Space Industry. Further, this  paper  discusses the allied legal questions namely, threat to national security, launching of private satellites, Insurance Problems, third part liability, certification, licensing of the private partner, space related IPR Issues, need for creation of national space regulatory authority to regulate public and private partnership, dispute resolution mechanism, allocation of infra structural facilities, FDI in Space industry, inter departmental coordination and conflict resolutions, among various others. It also proposes the imperative for a domestic legislative framework for effective regulation of the authorizations, licenses, permits, and approvals for purposes of communication satellite operations, certification and various other issues emanating from the privatization of space industry.   

Abstract document

IAC-07-E6.5.15.pdf

Manuscript document

IAC-07-E6.5.15.pdf (🔒 authorized access only).

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