Civil Liability for Nuclear Damage Act, 2010

Civil Liability for Nuclear Damage Act, 2010 is also known as the Civil Nuclear Liability Act. This act was passed on 21st September 2010 by both the houses of Parliament of India. This act aims to provide a civil liability for the nuclear damage and offer compensation to the nuclear incident victims.

Civil Liability for Nuclear Damage Act Objectives

It has been stated in the act that the nuclear plant operators shall be given no-fault liability for any nuclear damage caused. A maximum liability paid by the operator in case of each accident is capped at INR 1500 crores.

However, suppose the damage exceeds this sum. In that case, the Central Government becomes liable to pay up to 300 million SDRs (Special Drawing Rights or units of foreign exchange reserve assets maintained by the International Monetary Fund). One of the major reasons for passing this act is the desire to expand nuclear energy production in India.

Civil Liability for Nuclear Damage Act 2010 Necessity

The Civil Liability for Nuclear Damage Act, 2010 creates a channel for providing compensation to the victims of the nuclear incident through a no-fault liability regime.

Under this act, the nuclear operator is held liable for the nuclear damage.

Criticisms about the Civil Liability for Nuclear Damage Act, 2010

The Civil Liability for Nuclear Damage Act 2010 is highly debated and controversial due to its shoddy clauses. Some of the clauses of this act are considered unconstitutional and harmful to people's rights and the environment. Some of these controversial clauses are discussed below.

Clause 6

This clause of the Civil Nuclear Liability Act, 2010 defines the financial liability borne by operators in the case of a nuclear disaster. The major issues in this clause are:

1. The maximum cap on operator liability is set at INR 1500 crores, which might be insufficient to compensate the victims in the case of a major disaster like the Bhopal Gas Tragedy.
2. The maximum cap set on operators' civil liabilities is low compared to other countries. This lessens the burden on the suppliers, which, in turn, increases the burden on taxpayers.

Clause 17

This clause defines the legal bindings of liable groups in the case of a nuclear accident. The clause seems faulty as it permits only the operator to take legal actions against manufacturers and suppliers. The victims do not have any right to sue the operator or the supplier. This clause, therefore, weakens the position of victims in legal proceedings.

Clause 18

Under clause 18 of the Civil Liability for Nuclear Damage Act, 2010, it is specified that compensation claims can only be made within ten years of the occurrence of the incident. This time limit is too short since the impacts of nuclear damage are generally long-term.

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Civil Liability for Nuclear Damage Act - Environmental Loss

The Civil Nuclear Liability Act 2010 misses out on the issue of environmental damage caused by a nuclear disaster. The act only focuses on victim compensation and does not put the liability on operators for the environmental damage.

Nuclear energy is a sustainable source of energy, and it must be harnessed well to prevent the depletion of natural resources. However, the challenge lies in the devastating impact of nuclear disasters on people and the environment. Therefore, to safeguard the life and property of people, the Civil Liability for Nuclear Damage Act, 2010 is essential. The act ensures the government and the operator take the liability for the incident, and victims get fairly compensated.

FAQs on Civil Liability for Nuclear Damage Act

Q.1 When was The Civil Liability for Nuclear Damage Act, 2010 passed?

The Civil Liability for Nuclear Damage Act, 2010 was passed on 21st September 2010.

Q.2 What is the maximum amount of operator liability under the Civil Nuclear Liability Act, 2010?

The maximum amount of operator liability under the Civil Liability for Nuclear Damage Act, 2010 is 1500 Crore.

Q.3 Can victims sue the operators/manufacturers for nuclear disaster under the Civil Nuclear Liability Act, 2010?

No, the Civil Nuclear Liability Act, of 2010 does not give victims the right to sue the operators/manufacturers. However, the operators can take legal actions against manufacturers and suppliers in a nuclear disaster.

Q.4 What time limit can compensation claims be made under the Civil Liability for Nuclear Damage Act, 2010?

The time limit in which compensation claims can be made under the Civil Liability for Nuclear Damage Act, 2010 is ten years.