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Above The Atmosphere & Beyond The Law: Addressing India’s Orbital Defence Challenge




Anvay Sheolikar, Queen's University Belfast


ABSTRACT


India's ascent as a prominent space power has sparked unique legal dilemmas like never before. With over 100 operational satellites providing essential services worth approximately ₹75,000 crore annually, India lacks comprehensive statutory authority to defend these assets against emerging threats. Yet, we find ourselves without sufficient legal frameworks to safeguard these essential space assets. As we journey into the cosmos, a thorough legislative response is crucial to navigate these uncharted legal territories and protect our orbital investments. This paper explores the critical voids in India’s space framework. With a keen constitutional analysis, we explore the comparative legal study of prominent space-faring nations. Furthermore, we study the international treaty obligations, assessing their relevance to India’s aspirations. By investigating the recent space and satellite security activities, uncovers vital pressing insights. In light of these findings, I propose the Indian Orbital Defence Doctrine (IODD). This framework aims to harmonise important security requirements with India’s constitutional values, all while upholding the international legal commitments. This framework integrates statutory authorisations, constitutional compliance and treaty interpretations. It explores governance structures and judicial oversight essentials. The analysis illustrates how India can leverage it’s robust democratic institutions and rich legal heritage. By doing so, India can forge a unique approach towards space security, an increasing important domain. This not only strengthens national interests but also promotes international stability. In the process, it positions India as a responsible leader in the ever-evolving world of space governance.


Keywords: Space Law, Orbital Defence, International Law, National Security, Indian Space Security, Space Defence.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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