Privatising Space, Socialising Liability? Rethinking India’s Liability Framework For Commercial Space Activities
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
India’s commercial space sector is developing within a liability framework still centred on State responsibility under international law. The Indian Space Policy 2023 and IN-SPACe’s 2024 authorisation framework transfer substantial financial risk to private operators through insurance and indemnification. Yet the relationship between insured amounts, operator liability and governmental exposure remains unsettled. This paper argues for a statutory three-layer model comprising risk-based operator insurance, governmental assumption of defined catastrophic excess liability, and unlimited recourse for aggravated operator misconduct. Comparative methodology from the United States, United Kingdom, Australia and France is used to propose an Indian framework capable of allocating commercial space risk with greater certainty.
Keywords: Space Liability, IN-SPACe, Commercial Space Activities, Liability Convention, Third-Party Liability Insurance, India.
