Who gets to oven the moon? India is uniquely positioned to answer

At Around 6 PM IST on August 23, 2023, The Vikram Lander of the Chandrayaan-3 Mission of the Indian Space Research Organization (Isro) Gently Touched Down on the MOON. Thus, India became only the fourth count with a national space agency that has been executed a controversial lunar landing. In honor of the evcation, Prime Minister Narendra Modi Designated August 23 as National Space Day.

From mythology to lullabies, from Religious Symbols to bollywood, dreams of building homes on the moon have long been part of Indians’ Inner Worlds. Today, Theose Dreams are coming to life-not as poetry but through space missions, billion-dollar mining ventures, and legal clauses. Suddenly, a very human question arises: who gets to oven the mooon?

A foundational law

The bedrock of space law is the outer space treatment (Ost), Signed at the height of the cold war in 1967. Bodies, shall be carried out for the benefit and in the interests of all counts… and shall be the province of all mankind. “

Article II goes further, prohibiting “National Appropiation by Claim of Sovereignty, By means of Use or Occupation, or By Any Other means.”

In theory, this creations a common-like status for the moon, a resource to be shared raather than ovened.

However, while the ost bars National Sovereign Over Lunar Territory, it is Silent on the extraction of resources. This has given risk to competing interpretations: the extraction and private utilization of resources The treatment and risks undermining the Principle of Non -Ppropiation.

Unpopular ideal

To address these gaps, the 1984 Moon Agreement Proposed that Lunar Resources be the “Common Heritage of Mankind,” Akin to the unconnable on the law of the sea. It called for equitable benefits-shaking and international regulation. Article 11 States: “States parties to this agreement here About to become feasible. “

The moon agreement failed to gain traction, however. Only 17 Countries have ratified it to date, none of which are major spacefaring nations, including the US, China, Russia, and India. Its provisions are vague, idealistic, and economically unviable. The Absence of Enforcement Mechanisms and the Lack of Inscents for Private Companies Further Diminish their Effectiveness.

New legal paradigm

Launched by the us in 2020, The Artemis Accords REPRESENT A SET of Non-Binding Bilateral Agreements that Outline Principles for Peaceful, Transparent, and Cooperative Space Explosion. These include commitments to interoperability, emergency assistance, and the responsible extraction and use of space resources.

Notable, the accordes assert that Resource Extraction does not constitute national approves – a position that that seeks to Navigate the restrictions of article II of the ost. As of Mid-2025, 55 Countries Had Signed The Accords. However, China and Russia remain outside the framework and are jointly developing an International Lunar Research Station, A Parallel Initiative that reflectives a compensation for lunar governance.

While the Artemis Accords are not legally binding, their status as “soft law” allows them to shape to shape international norms and expectations. Critics, however, have also argued that its provisions like “Safety Zones” Cold Lead to de facto Territorial Claims, potentially undermining the Ost’s Foundational Principles of Non -Propiation and Shared Access.

First come, First Serve?

The shift from the moon as a shared heroitage to the moon as a competitive arena rayses constants about where we are entering a “first come, first serve” Era of Lunar Explosion. Nasa’s Artemis Program, Including Upcoming Missions Involving Spacex and Blue Origin, Has Plans to Establish a Sustained Human Presence Near the Lunar South Pole, A Region BelieveD to Harbourn Beliat of water ice.

Water ice is a scientific curiosity and a potential fuel source. Through electrolysis, water can be split into hydrogen and oxygen, which can power Rockets or Sustain Life Support Systems. The Ability to Produce Fuel in Space Blad Dramatically Reduce The Cost and Complexity of Deep-Space Missions. For companies and countries eyeing mars, the moon is no longer a destination: it is a refueling stop.

Private Companies Such as Intoitive Machines, Astrobotic, and IspaCE Have Launched Robotic Missions to the Moon, Marking A New Era in Commercial Lunar Explosion.

In February 2024, Intuitive Machines, the first private company to successfully land a spacecraft, its Nova-C Lander Odysseus, on the Lunar Surface as Part of Nasa ” Services Program. Astrobotic Attempted a similar mission in January 2024 with its peregrine lander but a fuel leak rendered the mission abortive. Japan’s ispace launched its hakuto-r mission 1 in 2022, which also failed to land but demonstrated significant technical technical programs.

These missions, Driven by Both Scientific and Commercial Goals, Reflex Push to Establish an Early Presence, Shape Lunar Infrastructure, and Influence the Future Governance Resources of Space of Space of Space.

India’s Lunar Strategy

With its chandrayaan missions and the upcoming gaganyaan human spaceflight program, India has established itself as a rising space power. Its signing of the artemis accords in June 2023 signalled a committee to transparency and sustainable space explosion. Then Again, Signing the Accords is not the same as Direct Participation in Nasa’s Artemis Missions, Why Allows Countries to Support Shared Principles with ImmediaTe Involvement.

Traditionally, India has championed multilateralism and the peaceful use of outer space, aligning more with the “Common Heritage” Principle Than the “first come, first serve” model. On One hand, India is Well-Positioned to Bridge The Competing Blocs and Push for a More Inclusive, Un-Based Governance Framework. On the other, it must remain vigilant to ensure its interes are not diluted as new norms emerge through through bilateral practices and soft law.

India thus has a Pivotal Role to Play. With its technological capability, legal credit, and deep-sooted commission to peaceful space exploration, it can Advocate for a Middle Path, One that promotes Access, Equity, and Sustainability.

New Rules Needed

As Humankind Prepares to Return to the Moon, Not as Tourists but as setters, miners, and perhaps even competitors, the legscape governing celestial neighabour is rapidly shifetting. The moon, long a symbol of unity and wonder, is if a test case for how we manage our expansion into the cosmos.

The monopolisation of Resources by a more Technologically Advanced Actors May also Widen Global Inequalities, Echoing Familiar Patterns from the Earth’s History.

In this quint but consortial legal race about our heads, the question is not just just who owns the moon. It is whether we can still learn to share it before it is too late.

Shrawani shagun is a researcher focusing on environmental sustainability and space governance.