SHANTI Bill has been introduced in Lok Sabha to replace Atomic Energy Act, 1962 and Civil Liability for Nuclear Damage Act, 2010 (CLNDA).
Key Provisions of the Bill
- Opening Nuclear Sector to Non-Government Entities: including Indian private companies, Joint ventures between government entities and private companies, etc.
- Liability for Nuclear Damage:
- Tiered liability structure introduced with liability limit ranging from ₹100 crore to ₹3,000 crore, based on reactor power capacity.
- It replaces flat ₹1,500 crore cap (for ≥10 MW reactors) under CLNDA.
- Central government bears liability beyond operator’s cap and may establish a fund to be called the Nuclear Liability Fund.
- No-fault liability retained with operator liable regardless of negligence.
- Insurance requirement for operators continues.
- Tiered liability structure introduced with liability limit ranging from ₹100 crore to ₹3,000 crore, based on reactor power capacity.
- Operator’s Right of Recourse: The Bill removes right of recourse for defective equipment/materials, contractual provisions and deliberate acts causing damage, previously allowed under the CLNDA 2010.
- Territorial Scope of Compensation: Extended to nuclear damage in foreign territories caused by incidents in India, subject to specified conditions.
- Atomic Energy Regulatory Board (AERB): Now granted Statutory Status as it ensures safe use of radiation and nuclear energy.
- Atomic Energy Redressal Advisory Council: Established to hear appeals against decisions of the Centre or AERB.
- Further appeal lies before the Appellate Tribunal for Electricity.
