Operationalising India’s Nuclear Agreements: Issues and Solutions on Nuclear Liability
To help meet its growing energy requirements, India has entered into agreements with several countries for the peaceful use of nuclear energy. The operationalization of several of these agreements required India to adopt legislation on civil liability for nuclear damage, to bring it in line with prevailing international standards on nuclear liability. In this context, the Civil Liability for Nuclear Damage Act, 2010 (CLND Act) was brought into force in order to provide for civil liability for nuclear damage that is legally channelled to the operator of the nuclear industry through a no-fault liability regime. However, despite the adoption of the CLND Act and the Civil Liability for Nuclear Damage Rules, 2011 (CLND Rules) thereunder, India’s nuclear energy agreements with several countries have yet to be operationalized. The main reason for this standstill pertains to certain provisions of the CLND Act that are at variance with internationally prevalent standards. This paper analyses the provisions that have delayed the execution of India’s nuclear agreements and recommends specific reforms to the CLND Act and Rules to put an end to such delays.
Sengupta, A., Sen, A., Sharma, R., and Mittal, Y. (2015). Operationalising India’s Nuclear Agreements: Issues and Solutions on Nuclear Liability, Vidhi Centre for Legal Policy.