The Indian Civil Liability for Nuclear Damage Act, 2010: An Analysis

Abstract

The making of the ‘Civil Liability for Nuclear Damage Act 2010’ was one of the finest legislative endeavours in the recent times. The exercise was significant because nuclear energy and the consequences of pursuing such an energy form were debated extensively in the Parliament for the first time. The result was a liability law that had an exceptional domestic political acceptability, but in many ways appeared to defy conventional international practice. The international nuclear community, led by supplier countries and vendors has argued that the law should be amended to be compatible with the established practice of international nuclear liability law. Examining through two specific examples—limitation of liability and right of recourse, the author argues, that though the Indian law gives the impression of defiance, the Parliament has only utilised the provisions of international nuclear law conventions—expanding boundaries of interpretation. Further, a section on transboundary applicability of the Indian law, and India’s commitment under Convention on Supplementary Compensation to its neighbours is analysed to identify the operational difficulties.