Beyond Earth’s Borders: Rethinking Space Law in India for a Degrading Orbit

Abstract

Outer space, once perceived as an infinite frontier, is increasingly becoming congested and contested. The accumulation of space debris—defined
as non-functional human-made objects in orbit—poses a serious risk to both existing and future missions1
.
The rapid expansion of space activities has intensified concerns regarding the sustainability of outer space. Among the most pressing challenges
is the proliferation of space debris, which threatens operational satellites, human missions, and long-term access to orbital environments. India,
as an emerging global space power, faces the dual challenge of expanding its space capabilities while ensuring environmental stewardship of
outer space. This paper examines the current legal framework governing space activities in India, identifies gaps in addressing space debris, and
explores future prospects for a comprehensive and sustainable space law regime2
. It argues that India must transition from policy-based
governance to binding legislation aligned with international norms to effectively address orbital degradation.
India’s growing presence in the global space sector, marked by advancements in satellite technology and increased private participation,
necessitates a robust legal framework. However, the absence of comprehensive national space legislation raises concerns about liability,
environmental protection, and regulatory oversight3
. International space law is primarily governed by treaties such as the Outer Space Treaty
(1967), which establishes that outer space is the “province of all mankind” and prohibits national appropriation4.