From Space To Earth- A Legal Perspective On Meteor’s Ownership, Liability And International Framework

Celestial events like meteor showers, where space debris comes into the Earth's atmosphere while burning brightly like shooting stars are spectacular to look at. Meteors have fascinated human civilization for millennia. They are often seen as a sign from the cosmos or myths. From a scientific perspective, they are known to add valuable insights into the early solar system, kept safe within these ancient rocks. While there may not be any risks of these meteors showering, the landing of these rocks do raise several questions of liability, protection and ownership. As space resources continue to attract attention, the legal frameworks have been globally addressing these concerns.

Meteor ownership

There are no specific Indian laws that deal with the ownership of meteors. Nonetheless, in the country’s general resource laws, there is a government interest in the scientific value of the meteors. In global comparison, the meteor ownership varies from border to border.

• United States- Meteors landing on private property generally belong to the owner of the land.
• Australia- The meteors here are considered to be a property of the state.
• Internationally - There are treaties like the Outer Space Treaty, telling us outer-space, including the celestial bodies, are not subjected to national appropriation. However the international laws are not necessarily meteor centric which leads to various ownership disputes.

Legal Standing Of Meteors

Meteors hold a very unique legal status amid natural resources and extraterritorial objects. In so many countries these objects are considered as a part of their natural heritage, which in turn makes the extraction or trading of these objects a subject to the regulations of the state government.

• India and Argentina – In these two countries meteors are legally classified as valued objects for scientific advancements.
• United States - In contrast to other countries, in United States it is permitted to privately own or sell them, which makes meteors a rare product in the collector’s market. Although their sale often sparks conversations around commercial and scientific exploitation. However, the question still persists whether these objects should be saved for research purposes or traded for profits.

Liability for Damages

In case a meteor injures someone or causes damage to a property then liability under Tort Law may be applicable. Indian laws often treat such instances as “Acts of God”, which minimises liabilities unless proved otherwise. Nonetheless, the victims in such cases may seek compensation even though the rare nature of such events often complicates the claims. Internationally, countries like United States have more defined legal structures with the insurance policies sometimes covering these effects under the clauses of “force majeure”. Provided the potentially catastrophic but infrequent occurrences, government might consider compensating the victims as happened in Chelyabinsk, Russia in the year 2013, when a meteor landing caused widespread injuries and a lot of damage.

Reporting Protocols For Meteor Findings

While there may not be any stringent legal requirement in India with regards to meteors, however, the findings should be reported to ISRO or other respective authorities for scientific research. Countries like the United States, encourage reporting such findings to NASA or other local geological body of authority, offering them incentives to cooperate in the research. Although private ownership of meteors may be legitimate in some countries however, scientific institutions seldom get involved to claim the ownership of meteors for scientific research purposes. These reports  are important as meteors provide us with invaluable insight on our solar system.

Commercial And Scientific Exploitation

Meteors have been scientifically prized for their capability to give information about the early solar system. Government bodies oftentimes assert ownership over such objects for research and learning purposes which limits the private ownership or any kind of trade relating to meteors. Yet in some countries like the U.S. meteors have become more of commercialised objects, as they are used for fetching high prices in auctions. Meteors with rare compositions are significantly valuable. This commercialisation starts conversations about whether or not meteors should be preserved for researches or sold to the highest bidder for profits. Australia and Argentina are few of the countries that regulate strict policies in light of viewing meteors as an intrinsic part of their national heritage while countries like India have a rather ambitious approach regarding the regulations.

Legal Provisions

1. Article 295 of the Indian Constitution- Provides for transfer of ownership of property and assets that were vested  previously in the British crown, back to the Indian state after independence. This included natural resources, that are now held by the government of India on behalf of its people.
2. Article 297 of the Indian Constitution- This states that all the minerals, lands, and other objects of value under the territorial waters, the exclusive economic zone, the continental shelf or any other Maritime zone of India, vest in the Union of India. This may extend to any natural resource that is to be found within these territories, which includes meteors that fall and land in these areas.
3. The Mines And Minerals (Development And Regulation) Act, 1957 (MMDR Act) – This Act manages the mining and other related developments of minerals in India. It is stated that Section 2 of this act, vests control of minerals to the central and state government. Even though meteors are not specifically mentioned, this law is often prescribed and cited when the conversation comes to any valuable natural resource findings like rare, geological elements or minerals, therefore, these could apply to meteors.

Significant Judgments

There are no direct case laws in India that deals specifically with the ownership of meteors. However a close parallel may be drawn from the cases that involve natural resources like minerals or rare geologic findings.

In India fossils, minerals and other such natural resources are often claimed a state property as per the general laws of resource management.

However, in a case of M.C.Mehta v. Union of India (1996), concerns of environmental protection and the role of the government in regulating resources like minerals and forests, was dealt with. Although not directly related to meteors, it illustrates how the courts might rule in the cases that involve valuable natural resources.

In another case, State of Rajasthan v. Union of India (1977), pertaining to the control and ownership of natural resources. Hon’ble Supreme Court, in this case recognised the interest of the state in preserving valuable resources for the benefit of public. Similar reasoning could be followed in cases that involve meteors.

If a meteor lands on Indian territory, the questions of legal ownership are likely to follow similar reasonings as these cases have followed, where the state claims authority over natural resources, unless there are individual private property rights invoked. 

FAQs

What should be done if someone finds a meteor?

As for the Indian subcontinent, it should be reported to ISRO or local officials. Whereas in other countries there are similar protocols that encourage scientific research more than private ownership.

Does home insurance cover meteor strikes?

In a lot of cases, the insurance policies have been found to cover meteor strikes under the ambit of “Acts of God”, although the coverage of policy varies across borders. However to be sure about the coverage one can check specific clauses with regards to natural occurrences or force majeure in the insurance contract.

Is it legal to sell meteors?

In some countries like U.S. meteors that are found on private properties can be sold legally and they are often seen fetching high prices in auctions. However, in countries like India or Argentina, the meteors are considered properties of the nation and hence their sales may be prohibited or may need the government’s approval.

What is the scientific value of the meteors?

Meteors are crucial insight providers in the studies relating to the origin of the solar system. These meteors contain ancient material which are often billions of years old, largely unchanged. These are studied by the scientists to understand that planetary formation, asteroid impacts or even potential life forms across space in other planets.

Are there any health risks related to meteors?

Meteors by themselves typically do not pose a health threat directly. However, if they strike an individual or cause a dangerous impact after landing, then they may be considered of risk. Nonetheless freshly landed meteors may be extremely hot and then handing then would be a work of caution. In rare occurrences of meteors containing volatile substances, it would definitely be posing minor chemical risks.

Conclusion

The legal landscape surrounding the meteors and similar natural resources are shaped by some international treaties and national laws. Some key international agreements such as the Outer Space Treaty and Liability Convention laid the groundwork for ownership and liabilities regarding the objects from space, although they do not particularly address meteors.
As meteors cause damages, it is pertinent to understand the legal implications for the consideration of liability. This often falls under the general principles of Tort Law and the state responsibility. Although there are some cases or laws relating to meteors, the overreaching structure provides guidance to address any legal questions that may arise.