Civil Liability for Nuclear Damage Act 2010
Recently, the French company ‘Electricite de France’ (EDF) has said that the issues related to nuclear liability related to the Jaitapur project are still unresolved.
Earlier, the Electricite de France (EDF) submitted its proposal for the construction of 6 nuclear power reactors at Jaitapur in Maharashtra.
However, the project is still stalled due to issues related to India’s Civil Liability for Nuclear Damage Act (CLNDA).
The law relating to civil nuclear liability ensures that compensation is provided to victims of nuclear damage caused by a nuclear incident or disaster. It also determines who will be liable for those damages.
Civil Liability for Nuclear Damage Act, 2010
- India enacted the CLNDA in 2010. Its objective was to establish a speedy compensation mechanism for the victims of nuclear accidents.
- In addition, the act also aimed to make India a party to the Convention on Supplementary Compensation (CSC).
- The goal of the CSC is to establish a worldwide liability system and to increase the amount of compensation available to victims.
- The CSC is based on the principle of exclusive liability of the operator of a nuclear installation and does not involve any other party.
- It sets out the conditions under which national laws may require the supplier to discharge the obligation.
- However, India has gone beyond these conditions and adopted the concept of supplier’s liability in addition to the operator’s liability in the CLNDA.
- This has raised concerns among nuclear equipment suppliers about engaging in nuclear deals with India.
Key Features of CLNDA –
- This imposes strict liability on operators even through no fault of theirs. Here he can be held liable for any damage, whether caused by his fault or not.
- It stipulates the amount to be paid by the operator in case of loss due to accident.
- It also specifies the amount and time limit within which compensation action can be taken against the operator.
Source – The Hindu
