“India’s Nuclear Liability Law is flawed” Critically comment.
- The Civil Liability for Nuclear Damages Act, 2010 filled a crucial gap that was left by Atomic Energy Act, 1962 and Public Liability Insurance Act, 1991
- The 2010 Act provides that a victim of nuclear accident will not have to prove the cause of the accident, the operator of nuclear plant or equipment would be liable to an extent of Rs. 1500 crore and the government would cover the rest of the damages
- Situations like Chernobyl, Fukushima disasters or the Bhopal Gas tragedy which left victims without adequate compensation, were sought to be addressed
- allows the operator to make supplier of equipment liable if accident occurred due to patent or latent defect in the manufacture of equipment
- no clarity on apportionment of liability between operator and supplier
- need to bring our law on part with international regime such as Vienna Convention, Convention on Supplementary Compensation
- restricting liability of the supplier to wilful acts and acts of gross negligence