Recently, a public interest litigation (PIL) was filed in the Supreme Court of India challenging the constitutional validity of the Civil Liability for Nuclear Damage Act, 2010 by a group of activists and eminent public figures including former navy chief, former chief election commissioner, former Secretary of Prime Minster’s Office and ex-member of Andhra Pradesh Pollution Control Board.

They have pointed out that the nuclear liability act “channels all the liability to the nuclear operator (which presently is the government itself) and the victims are not allowed any recourse to sue the companies that supply nuclear reactors and other material. The act under Section 6 also limits the liability of the operator to Rs 1,500 crore, which is quite low, and states that the remaining damage may be made good by the government at the cost of exchequer. The act also excludes the liability of the operators in certain circumstances.”

Readers can access the full text of the petition below:

Synopsis

Writ Petition

Index

Cover page