India’s Nuclear Liability Law

India’s nuclear liability law, Maharashtra’s Jaitapur, is currently the world’s biggest nuclear power generation site under consideration.

Problems with India’s nuclear liability law continue to impede a more than a decade-old plan to build six nuclear power reactors in Maharashtra’s Jaitapur.
It is currently under consideration as the world’s largest nuclear power-producing site.
An executive from Electricite de France (EDF), the French energy utility that filed its techno-commercial offer for the 9,900 MW project two years ago.

Key Features
- It establishes culpability for nuclear damage and outlines processes for victim compensation.
- The Bill imposes no-fault liability on operators and grants them recourse against specified individuals.
- It limits the operator’s liability to Rs 500 crore.
- The central government will be liable for damages over this sum, up to 300 million SDR.
- All operators must obtain insurance or give financial security to cover their liabilities.
- The government will bear the entire liability for government-owned facilities up to 300 million SDR.
- The Bill establishes who can file a compensation claim and who will analyse and grant compensation for nuclear damage.
Objectives
- To provide an overview of the organisations in charge of calculating and disbursing compensation for nuclear injury.
- In addition, who is entitled to file a compensation claim.
- Before completing their agreements, all operators must have insurance or some other form of financial security.
- To provide legal accountability for nuclear harm and compensation mechanisms for victims.
- To develop a no-fault liability system.

Clause 6
- This clause of the Civil Nuclear Liability Act of 2010 establishes the financial responsibility of operators in the event of a nuclear disaster.
  - The significant issues in this clause are:
    - The maximum operator liability limit is fixed at INR 1500 crores.
    - In the event of a significant calamity, such as the Bhopal Gas Tragedy, it may be insufficient to pay the victims.
    - The maximum cap on operators’ civil liabilities is minimal compared to other countries.
    - This reduces the load on suppliers while increasing the burden on taxpayers.
- Clause 17
  - This section establishes the legal obligations of liable groups in the event of a nuclear accident.
  - The clause appears flawed because it only allows the operator to sue manufacturers and suppliers.
  - The victims have no legal recourse against the operator or the supplier.
  - As a result, this section diminishes the standing of victims in legal procedures.
- Clause 18
  - Compensation claims must be lodged within ten years of the occurrence of the disaster, according to clause 18 of the Civil Liability for Nuclear Damage Act of 2010.
  - This time limit is insufficient because the effects of nuclear harm are often long-term.

The Civil Nuclear Liability Act of 2010 ignores environmental damage caused by a nuclear disaster.
The act addresses victim compensation, not holding operators liable for environmental damage.
Nuclear energy is a renewable energy source that must be exploited appropriately to avoid the depletion of natural resources.
The challenge, however, is the devastation caused by nuclear mishaps on people and the environment.
As a result, the Civil Liability for Nuclear Damage Act of 2010 is critical for protecting people’s lives and property.
The act requires the government and the operator to accept responsibility for the incident and compensate victims appropriately.

The CNLD statute limited all liabilities to 300 million Special Drawing Rights or Rs 2610 crore.
- In the event of nuclear damage, the government will now be liable for an additional Rs 1110 crores.
- As a result, the government will wind up spending money from Indian taxpayers, which should be the providers’ responsibility.
The restricted sum of Rs 2610 will not suffice in case of a nuclear mishap, as demonstrated by the Fukushima nuclear tragedy.
- As a result, potential victims will suffer.
Section 17 of the CNLD acts states that an operator’s right to redress is not mandatory but an enabling clause.
- This will make it illegal for operators to sue providers.
As a result, sufferers will be more prone to potential mishaps.
The suppliers will pay a minimal premium to the ‘Nuclear Insurance Pool’.
- It would be added to the total cost of constructing a nuclear plant, which Indian customers will bear.
Section 46 bars Indian victims from seeking redress in a foreign court.
- It also makes it illegal to seek compensation under other laws.

Pic Courtesy: India Map

Content Source: The Hindu