The Development and Regulation of Indian Space Law in the Context of Generations of Human Rights: Challenges, Obligations and Prospects for Reform

The present research paper undertakes an in-depth critical analysis of the historical development, contemporary legal regulation, and future-oriented reforms of Indian space law from the philosophical and legal perspectives of the three generations of human rights. Drawing upon Karel Vasak’s classification of the three generations of human rights—the first generation (civil and political rights, such as privacy and security), the second generation (economic, social, and cultural rights, such as bridging the digital divide), and the third generation (collective and solidarity rights, such as environmental sustainability and the common heritage of humankind)—this research examines the jurisprudence of space law (Space Jurisprudence). At present, India’s space ecosystem operates through the Indian Space Policy 2023 and the administrative framework of the Indian National Space Promotion and Authorisation Centre (IN-SPACe), which promotes private manufacturing. However, in the absence of a comprehensive codified domestic space act (Codified Domestic Space Act), India faces legal uncertainties concerning its international absolute liability under Article VI of the Outer Space Treaty, 1967, and the Liability Convention, 1972. This research paper examines the legal implications of privacy violations arising from the collection of personal data by commercial satellites, the impact of space debris on human rights, and sovereign contractual risks. Ultimately, the paper strongly advocates the establishment of an independent statutory space regulatory authority in India and legislative reforms consistent with contemporary human rights standards.