Passenger, Astronaut Or Spaceflight Participant? Designing An Indian Liability Regime For Commercial Space Tourism
Bhavya Singh, B.A. LL.B. (Hons.), National Law Institute University, Bhopal
Kostuv Keshav, B.A. LL.B. (Hons.), National Law Institute University, Bhopal
ABSTRACT
Commercial human spaceflight has moved from speculation to an emerging transport and experience industry. Private individuals have undertaken sub- orbital journeys and private orbital missions, yet the international space treaties were drafted when every human in space was closely connected with a State programme. India is entering the same regulatory transition. The Indian Space Policy, 2023 encourages private participation in human presence in outer space, while IN-SPACe already authorises sub-orbital and orbital launches and regulates third-party liability. No corresponding framework presently determines the legal status, rights or compensation of a paying human occupant. This article examines whether such an occupant should be treated as an astronaut, an air passenger or a distinct spaceflight participant. It argues for the third approach. India should create a statutory commercial human-spaceflight category, adopt informed consent without permitting wholesale waivers of operator responsibility, establish mandatory no-fault passenger insurance supplemented by fault-based liability, and introduce a dedicated human-spaceflight authorisation regime. The proposed model seeks to accommodate the exceptional risks of an emerging industry without transferring the entire cost of technological experimentation to the individual who purchases the flight.
Keywords: space tourism, private participation, commercial human- spaceflight, liability framework
