India and the Civil Nuclear Liability Regime
| Date | 01 June 2019 |
| Published date | 01 June 2019 |
| Author | Minu Jha |
| DOI | 10.1177/0019556119840951 |
| Subject Matter | Articles |
India and the Civil
Nuclear Liability
Regime
Minu Jha1
Abstract
The successful winding up of the Indo–US civil nuclear cooperation agreement
in 2008 had generated a lot of sanguinity of thriving nuclear trade and increased
investment surge in India’s civil nuclear power sector. However, the differences
over the Indian nuclear liability regime because of its non-conformity with the
international liability regime have marred those expectations. In the stated
background, the article in its first part traces the chronological development of
the international nuclear liability regimes, and, in second part, the Indian liability
law and its inconsistencies are dealt with emphasis on shifting tenor of India–US
relations vis-à-vis the law.
Keywords
Nuclear liability, nuclear power, legal channelling, economic channelling, convention
Introduction
With nuclear energy comes the risk of nuclear catastrophe resulting in devastating
damage to individuals, property and the environment. Though advanced mecha-
nisms have been developed to ensure the highest amount of safety in nuclear
activities, nevertheless, the eventuality of nuclear accident cannot be ruled out
completely. The economic and social cost of the catastrophe depends on a range
of factors—from loss of life to personal injury, to loss of freedom associated
with the physical, emotional and mental dimensions, to damage and contamina-
tion of the land, to damage to other properties, to economic and other business
losses, to damage to environment and to other socio-economic disturbances.
Article
Indian Journal of Public
Administration
65(2) 494–508, 2019
© 2019 IIPA
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DOI: 10.1177/0019556119840951
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1 Rajiv Gandhi Chair in Contemporary Studies, University of Allahabad, Allahabad, Uttar Pradesh,
India.
Corresponding author:
Minu Jha, Rajiv Gandhi Chair in Contemporary Studies, University of Allahabad, Senate House
Campus, University Road, Old Katra, Allahabad, Uttar Pradesh 211002, India.
E-mail: minujha@gmail.com
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