The significance of space is pervasive and intricately woven into every aspect of our existence in this age of digitisation, growing technological innovation such as artificial intelligence, and a rise in unconventional warfare. Space is a sensitive and special place that should only be exploited with caution and sustainability. Its many applications cover anything from supporting military operations and environmental awareness to facilitating communication, navigation, and other essential elements of earthly existence. Space technology is essential to almost every nation’s defence since it enables communication, navigation, and intelligence gathering. Even in times of peace, tampering with such technology may completely surprise a nation, which would be disastrous.

Commercialization of Space

There are new players in the space industry thanks to firms like SpaceX that are launching their rockets and spacecraft. States and their armed forces are no longer the sole occupants of space; non-governmental private business entities have also entered this realm. Private businesses now handle the majority of a state’s space-related operations. They now possess the technology necessary to launch spacecraft and satellites and to watch events taking place on Earth.

They can potentially become the most powerful group in space since they can create and improve their technology for space missions.

A new kind of space competition between powerful nations like the US, China, and India has started as a result of the widespread commercialisation of space. NASA’s Artemis program is one of the space missions for which the US is mostly dependent on SpaceX. And with the aid of commercial companies, China hopes to realise its aspirations of a mega constellation. 2015 saw China open up the space industry to foreign businesses, and the country’s Galactic Energy is developing its autonomous launching technology.

China and India are aiming to overtake the US, despite the US’s continued dominance in this area. India achieved huge progress in space exploration with the recent achievement of the Chandrayaan-III landing at the moon’s south pole. India accomplished this with the aid of numerous private businesses, including Larsen & Toubro. India’s privately constructed rocket was just launched into space by Skyroot Aerospace.

Commercialization and Privatization of Space: India’s Stand

Since the start of space research in 1962, the Indian government has remained in complete control of the endeavour, operating through the Indian National Committee for Space Research (INCOSPAR), which was subsequently renamed the Indian Space Research Organisation (ISRO). Private businesses made virtually little further contributions to this industry in the years that followed. Their contributions included launching technology and spacecraft parts delivery to ISRO. They were merely manufacturers and had no active involvement in the operations.

This changed in 2020 when the government declared that commercial players would now be permitted to participate in national space activities. As a result, the number of private enterprises investigating new space launches and exploration technologies has rapidly increased. By taking this action, India hopes to attract more foreign investments and businesses like SpaceX, which will help the private sector grow and expand its capabilities while also promoting international alliances.

To provide a link between the Department of Space (DOS) and the private sector, New Space India Ltd. (NSIL) and the Indian National Space Promotion and Authorisation Centre (IN-SPACe) were recently founded. The smaller businesses will receive more funds from these organisations, and they will have simpler access to authorisation and approvals for upcoming missions.

IN-SPACe announced the “Norms, Guidelines and Procedures for Implementation of the Indian Space Policy-2023 in respect of Authorisation of Space Activities” (NGP) by Indian organisations on May 4, 2024. The regulations that control the actions of commercial businesses in space were outlined in the Indian space policy, which was unveiled by the Indian government in 2023. designating which institution will assume certain responsibilities and outlining the conditions and steps that non-governmental organisations must follow in order to conduct space research and exploration.

In terms of space militarisation, India is attempting to keep a balance of power with China. There is competition to become the dominant force in the area. As a result, India started building its technology and carried out its own successful ASAT test in 2019 after China completed its ASAT test in space.

Environmental Implications

As previously said, the space environment is sensitive and unpredictably changing. A space mission is always tainted by the prospect of failure till the very end. Nobody can foresee how a mission will turn out. As a result, a great deal of space debris has been left behind by multiple failed missions. Space trash can harm satellites and have physical repercussions, but it can also have an environmental impact. The majority of space debris breaks down quickly. Nevertheless, the ozone layer is harmed by the chemicals released during this disintegration process. Furthermore, the debris may be larger because of the massive launch plans of private corporations, which would have a more significant impact on the ozone layer.

Space activities release dangerous elements like black carbon directly into the stratosphere destroying the ozone layer. The high temperatures experienced during launch and re-entry can cause nitrogen in the air to react, creating ozone-depleting nitrogen oxides. As space becomes more commercialised and space tourism takes off, this will only get worse.

Governance of Space

There are five important mandates which govern the space. The Outer Space Treaty of 1967 is the main agreement that establishes the parameters for space activity. The following rules for space exploration and use were outlined in this treaty:

• No country can claim sovereignty over space.
• It should be used for explorations that will be advantageous to all States, as space is the province of mankind.
• There should be no nuclear weapons or weapons of mass destruction placed in space.
• Celestial bodies along with the Moon should only be used for peaceful purposes.
• Astronauts are the ‘envoys of mankind’ and all signatory states are required to provide them with assistance.
• Every state that conducts private or state missions out of its borders is accountable to its member nations. Including monitoring the amount of debris and damage. They shouldn’t use dangerous items to contaminate space and celestial bodies.

The Rescue Agreement (1967) was signed in 1967 as an expansion of the provisions of the Outer Space Treaty’s fifth and eighth articles. 1967. It states that to guarantee the safe return of astronauts in peril, the states must assist in their rescue and take all necessary steps. Assisting a state that needs help retrieving equipment or debris that has landed outside its borders is permitted upon request from neighbouring states.

The Moon Agreement (1979) came into force in 1984. It concretizes the clause of peaceful exploration of the moon and other celestial bodies from the Outer Space Treaty. It also says that the United Nations must be informed of any man-made site on any of these bodies. And if there are any resources that can be extracted from these bodies, there needs to be an international body that handles these operations to prevent exploitation.

The Liability Convention (1972) requires all states to take full responsibility for the damage caused by their space missions and objects left in space. Finally, the Registration Convention (1976) stipulates that every mission sent into space must be registered by the sending country to provide documentation for the UN and other international organisations.

Space Terrorism

The public’s access to space is expanding together with its fast commercialisation, raising the possibility of space terrorism. In the past, control for space exploration and related technology was vested in state governments. However, there is now a chance of space terrorism due to the relaxation of regulations and the reasonably priced availability of these technologies. The new regulations have made it simpler for private organisations to obtain authorisation and launch their spacecraft-which, due to dual-use technologies, can be weaponised.

As space tourism advances quickly, some terrorists may enter the atmosphere as visitors and subsequently interfere with the systems to cause catastrophic outcomes. By assaulting a mission’s ground stations and jeopardising the mission, space terrorism can also happen on Earth.

As a result, nations need to develop sufficient restrictions to stop this from occurring. For instance, India released the Norms, rules, and processes for the Indian Space Policy’s implementation in 2024. This document clearly explains the space activities that require authorization, whose entities are eligible for authorization, the process of authorization, duties of the applicants and also specifies the laws of space-based communication services.

Conclusion

It is hard to maintain security in space with technology like dual-use systems and the Outer Space Treaty that does not keep up with these technological advancements. Because the intentions of the person who owns these technologies can quickly transform them from peaceful to violent. Therefore, before privatising space, nations must exercise caution and enact necessary restrictions. In addition, all nations need to join together and update international space agreements, like the Outer Space Treaty, to take into consideration emerging dual-use technologies and potential space terrorism.