Resolving the nuclear liability deadlock
On January 26, Barack Obama will become the first U.S. President to attend India’s Republic Day celebrations. Specifically, provisions on recourse liability on suppliers ) and concurrent, potentially unlimited liability under other laws have been viewed as major obstacles in operationalising nuclear energy in India and bilateral relations with key supplier countries. “ U.S. President Barack Obama’s visit is an opportunity to address misgivings over the nuclear liability law and to also meet foreign governments and the supplier community halfway on the issue. However, in the absence of a comprehensive definition of the types of ‘nuclear damage’ being notified by the Central Government, Section 46 potentially also allows civil liability claims to be brought against the operator and suppliers through other civil law such as the law of tort. Section 46 should thus be limited to criminal liability, and should clarify that victims who suffer on account of ‘nuclear damage’ can institute claims for compensation only under the CLND Act and not by recourse to other legislations or Courts.
Centre releases details of Indo-US nuclear deal, says liability law won't be amended
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