Civil Liability for Nuclear Damage Act (CLNDA), 2010

Source: NIE

Context: The Government is considering amendments to the Atomic Energy Act and the Civil Liability for Nuclear Damage Act (CLNDA), 2010 to allow private sector participation in nuclear power and streamline supplier liability norms.

• India is aiming to produce 100 GW nuclear energy by 2047.

About Civil Liability for Nuclear Damage Act (CLNDA), 2010:

What is it?

A legislation enacted to ensure prompt compensation to victims of nuclear incidents through a no-fault liability regime, aligned with international standards.

Key Features:

• Legislated in: 2010

• No-fault liability: Operator held liable irrespective of fault.

• Channelling of liability: Only the operator is liable to pay compensation to victims.

• Right of recourse: Operator can claim compensation from supplier in case of faulty equipment or services.

• Supplier liability clause: Introduced ambiguity and deterred foreign/private suppliers.

• Compensation cap: ₹1,500 crore from operator (mandatory insurance/security). Additional ₹2,100–₹2,300 crore from government if damage exceeds ₹1,500 crore.

• ₹1,500 crore from operator (mandatory insurance/security).

• Additional ₹2,100–₹2,300 crore from government if damage exceeds ₹1,500 crore.

• Restriction on private entry: Private firms avoided entry due to expansive and unclear supplier liability clauses.

About Atomic Energy Act, 1962:

• What is the Atomic Energy Act, 1962? The Atomic Energy Act, 1962 is India’s principal legislation governing the development, control, and use of nuclear energy. It replaced the earlier Atomic Energy Act of 1948 and provided the legal foundation for centralized control over atomic energy resources, technology, and research in India.

• The Atomic Energy Act, 1962 is India’s principal legislation governing the development, control, and use of nuclear energy. It replaced the earlier Atomic Energy Act of 1948 and provided the legal foundation for centralized control over atomic energy resources, technology, and research in India.

• Objective of the Act:

• National Development: Promote the peaceful use of atomic energy for the welfare of the people and industrial progress. Regulatory Oversight: Establish a robust legal framework to regulate radioactive substances, plants, and nuclear safety. Strategic Control: Ensure state monopoly over nuclear resources to safeguard national security and sovereignty.

• National Development: Promote the peaceful use of atomic energy for the welfare of the people and industrial progress.

• Regulatory Oversight: Establish a robust legal framework to regulate radioactive substances, plants, and nuclear safety.

• Strategic Control: Ensure state monopoly over nuclear resources to safeguard national security and sovereignty.

• Key Features of the Act:

• The Central Government is the sole authority to control production, use, disposal, and research in atomic energy. Any discovery of uranium/thorium must be reported. Mining, disposal, or possession of these minerals needs prior government authorization. The government can carry out mineral exploration on private land with notice and compensation. Only licensed individuals/entities can conduct atomic energy-related activities. Breach of license, obstruction of authority, or false declarations are punishable.

• The Central Government is the sole authority to control production, use, disposal, and research in atomic energy.

• Any discovery of uranium/thorium must be reported.

• Mining, disposal, or possession of these minerals needs prior government authorization.

• The government can carry out mineral exploration on private land with notice and compensation.

• Only licensed individuals/entities can conduct atomic energy-related activities.

• Breach of license, obstruction of authority, or false declarations are punishable.

• Restrictions on Private Sector Entry:

• The Act bars private players from engaging in atomic energy activities unless specifically permitted by the Central Government. Only public sector entities like NPCIL are authorized to own and operate nuclear facilities.

• The Act bars private players from engaging in atomic energy activities unless specifically permitted by the Central Government.

• Only public sector entities like NPCIL are authorized to own and operate nuclear facilities.