The Civil Liability for Nuclear Damage Act, 2010: Difference between revisions

Content deleted Content added
m date format audit, minor formatting, typo(s) fixed: ’s → 's
Line 1:
{{Use Indian English|date=March 2013}}
{{Use dmy dates|date=MarchNovember 20132020}}
{{Multiple issues|
{{Update|inaccurate=y|date=April 2012}}
Line 20:
}}
 
'''The Civil Liability for Nuclear Damage Act, 2010''' or '''Nuclear Liability Act''' is a highly debated and controversial Act which was passed by both houses of Indian parliament. The Act aims to provide a civil liability for nuclear damage and prompt compensation to the victims of a nuclear incident through a nofault liability to the operator, appointment of Claims Commissioner, establishment of Nuclear Damage Claims Commission and for matters connected therewith or incidental thereto.<ref name="Rajya Sabha clears nuclear liability Bill">{{cite news|url=http://www.thehindubusinessline.com/2010/08/31/stories/2010083152200500.htm|title=Rajya Sabha clears nuclear liability Bill|author=Bureau|date=31 August 2010|publisher=The Hindu Business Line|accessdate=8 December 2010|location=New Delhi}}</ref>
 
This is one of the last steps needed to activate the 2008 [[Indo-U.S. civilian nuclear agreement]] as the United state nuclear reactor manufacturing companies will require the liability bill to get insurance in their home state.
Line 40:
A major point of debate is the amount of financial assistance to be provided under such circumstances as it is considered insufficient and unsatisfactory. Other than this, the bill contain certain clauses which if implemented will let free the manufacturer and supplier legally and to a large extent financially as well.
 
The Atomic Energy Act, 1962 empowers the Government to produce, develop, use and dispose of atomic energy either by itself or through any authority or Corporation established by it or a Government company. In this regard, an indigenous sequential three-stage nuclear power programme based on optimum utilization of the country’scountry's nuclear resources of modest uranium and abundant thorium is being pursued. Large capacity nuclear power reactors based on foreign cooperation are also being implemented as additionalities, for faster capacity addition.<ref>{{cite news|last1=Jatinder|first1=Kaur|title=India to Implement Civil Liability for Nuclear Damage Act|url=http://abclive.in/india-decides-fix-civil-liability-nuclear-damage-act/|accessdate=11 February 2017|issue=Online|publisher=ABC Live}}</ref>
 
==Criticism ==
Line 55:
However, the Central government may review the operator's liability from time to time and specify a higher amount.
 
and the remaining amount will be paid by the Indian government. If written into the contract, the operator can claim the liabilities from the manufacturer and supplier. But the maximum amount payable by the foreign companies will be limited to a meager sum of Rs. 1500 crore .
 
This is considered as a moot point as the operator will be the [[Nuclear Power Corporation of India]] Ltd. (NPCIL) which itself is a government owned facility. In other words, the government may have to foot the entire bill thereby exonerating the manufacturer/supplier.
Line 74:
 
===Constitutionality of this Act===
A [[Public Interest Litigation]] (PIL) has also been filed against the Act at the [[Supreme Court of India]] in 2011, examining the constitutionality of the Act regarding the [[Fundamental Rights in India|Right to Life]] as enshrined in the [[Constitution of India]].<ref name="SC to Examine Legality of Nuclear Safety Law">{{cite news | url=http://news.outlookindia.com/items.aspx?artid=755801 | title=SC to Examine Legality of Nuclear Safety Law | work=Outlook India | date=16 March 2012 | accessdate=27 April 2012}}</ref><ref name="Supreme Court scanner on nuclear liability Act">{{cite news | url=http://indiatoday.intoday.in/story/supreme-court-scanner-on-nuclear-liability-act-right-to-life/1/178189.html | title=Supreme Court scanner on nuclear liability Act | work=India Today | date=17 March 2012 | accessdate=27 April 2012}}</ref>
 
===Environmental impact and liability===