Law relating to nuclear liability and compensation in India

Abstract

The operationalisation of the India-USA Joint Statement of 18 July 2005 has opened up the Indian nuclear market for foreign cooperation and participation. Moreover, both domestically and internationally, a number of instruments have been concluded, the recent being the Indian Legislation, Civil Liability for Nuclear Damage Bill, 2010 passed by both the Houses of Indian Parliament and is under consideration of the President of India for giving assent. This paper in the first part briefly examines the Indian nuclear power programme followed by a detailed examination of the present legal framework regarding nuclear liability and third party compensation in India. The second part analyses the provisions of the Civil Liability for Nuclear Damage Bill, 2010 in the light of Indian law and international nuclear liability principles which is under consideration of the Indian Parliament.