Lexolive is proud to share that Adv. Minal Sharma, Founder Partner
of Sharma & Associates, Bombay High Court, has been featured in the
June 2026 issue of Startup and i Magazine — a leading publication
dedicated to India’s startup ecosystem.
Her article, titled “Claiming the Cosmos: Legal Strategies for India’s
Space Startups,” appears in the Deep Insight section of the magazine
(Volume II, Issue 6) and addresses one of the most emerging areas of
law — Space Law and its implications for Indian entrepreneurs.
🔹 The Outer Space Treaty (OST) Foundation
The 1967 Outer Space Treaty remains the foundation of all space
activity. Adv. Sharma explains that while no nation — or company —
can claim ownership over the Moon or any celestial body, businesses
can legally own the resources they extract, such as Helium-3 or
water-ice. This is the backbone of the global commercial space industry.
🔹 India’s Space Policy 2023 & Institutional Framework
India’s Space Policy 2023 has opened the doors for private players
by clearly defining the roles of three key bodies:
- IN-SPACe — The single-window regulator and facilitator for all
private space missions - NSIL (NewSpace India Limited) — The commercial arm handling
mature ISRO technologies - ISRO — Now focused on high-end R&D, deep-space exploration,
and Gaganyaan
🔹 Strategic Business Opportunities
The article identifies three high-potential areas for Indian startups:
- Lunar Resource Extraction (Water-Ice) — which can be converted
into rocket fuel, creating “lunar petrol pumps” - Extra-Terrestrial Manufacturing & Construction using lunar soil
(regolith) - Space Situational Awareness (SSA) & Debris Removal — providing
“traffic control” for over 4,000 new objects added to orbit annually
🔹 The “Dual-Use” Challenge: SCOMET Compliance
Space technology is inherently dual-use. Adv. Sharma highlights that
startups must secure mandatory SCOMET (Special Chemicals, Organisms,
Materials, Equipment, and Technologies) licensing from DGFT before
exporting technology or sharing blueprints with foreign partners —
failing which they risk severe legal penalties.
🔹 Protecting IP in Orbit
In space, Intellectual Property is your most valuable asset. Indian
startups must ensure their contracts specify that IP generated in
space is governed by the Indian Patents Act, 1970. Startups with
DPIIT recognition can also avail an 80% rebate on patent filing fees.
🔹 Liability & Insurance
Under the 1972 Liability Convention, the Indian Government is
“absolutely liable” for damage caused by any Indian space object —
making Third-Party Liability Insurance mandatory for all startups
via IN-SPACe.
About the Author
Adv. Minal Sharma holds M.Phil and LLM in Criminology & Environmental
Law, LLB, M.Com, B.Com, and PG Diplomas in Cyber Law, IPR, and
Insolvency & Bankruptcy. She is the Founder Partner of Sharma &
Associates, Bombay High Court, a member at Goyenka Group Legal Aid
Centre and Andheri Court, and an Assistant Professor at NMIMS
University, Mumbai.
Originally published in Startup and i Magazine, June 2026
(Volume II, Issue 6) — Deep Insight Section, Pages 40–42.