CIVIL LIABILITY FOR NUCLEAR DAMAGE -
News: Nuclear
liability issues not yet resolved for Jaitapur project: French company EDF
What's in the news?
● Talks
between Indian and French officials over several issues, including liability,
for the construction of six nuclear power reactors in Maharashtra’s Jaitapur, have not resulted in any breakthrough.
Issues concerned:
● India’s
Civil Liability for Nuclear Damage Act (CLNDA).
● High
cost of power per unit.
● Opposition
from activists and locals for the fear of environmental damage and health
hazards.
● Safety concerns
- Concerns over the safety of nuclear power have prompted Germany to switch off
its last nuclear power reactor.
What is Civil Liability for Nuclear Damage?
● Operators
of nuclear power plants are liable for any damage caused by them, regardless of
fault.
● Therefore
normally take out insurance for third party liability, and in most countries
they are required to do so.
Convention on Supplementary Compensation for Nuclear
Damage (CSC) (adopted 1997):
● It
seeks to establish a uniform global legal regime for compensation to victims in
the unlikely event of a nuclear accident.
● India is a party to it.
● It
is based on the exclusive liability of the operator of a nuclear installation
and no other person (but Indian law provides for the Supplier’s liability as
well).
Civil Liability for Nuclear Damage Act (CLNDA):
● It
is an Indian law enacted in 2010 to provide a civil liability regime for
nuclear damage in India.
Key Provisions of the Act:
● It
provides for strict and no-fault
liability on the operator, where it will be held liable for damage
regardless of any fault on its part.
● Concept
of supplier of equipment’s liability over and above that of the operator’s.
● Establishes
the Nuclear Damage Claims Commission
to adjudicate claims for compensation.
● Establishes
the Nuclear Liability Fund to
provide financial support in the event of a nuclear incident.
Jaitapur Nuclear Plant:
● India
and France are jointly constructing the world’s
largest nuclear park in Jaitapur, Maharashtra.