Civil Liability for Nuclear Damages Act (CLNDA), 2010:
Union government’s recent announcement that it would amend the Civil Liability for Nuclear Damages Act (CLNDA), 2010, and the Atomic Energy Act, 1962, is likely to enthuse American and French nuclear power companies, whose projects have been deadlocked due to legal concerns for more than 15 years.
Civil Liability for Nuclear Damages Act (CLNDA), 2010:
- It is the legal foundation that influences India’s response to nuclear incidents. It was adopted by Parliament of India in 2010.
- It is based on the international principles of civil nuclear liability laid down in the Vienna Convention, Paris Convention and Brussels Supplementary Convention.
- It created a mechanism for compensating victims from damage caused by a nuclear accident, allocating liability and specifying procedures for compensation.
- The CLNDA provides for strict and no-fault liability on the operator of the nuclear plant, where it will be held liable for damage regardless of any fault on its part.
- This Act establishes the operator’s liability for nuclear catastrophes up to 1,500 crores, which requires insurance or financial security.
- In case the damage claims exceed ₹1,500 crore, the CLNDA expects the government to step in.
- The Act has limited the government liability amount to the rupee equivalent of 300 million Special Drawing Rights (SDRs) or about ₹2,100 to ₹2,300 crore.
- In addition to establishing a timeline for compensation claims, the act authorises the Atomic Energy Regulatory Board to report incidents within 15 days.
- In addition, the Act establishes a Nuclear Damage Claims Commission to facilitate equitable compensation and conflict resolution.
