The National Alliance of Anti-Nuclear Movements (NAAM) has called on Members of Parliament to reject the government's proposed amendments to the Atomic Energy Act, 1962, and the Civil Liability for Nuclear Damage Act, 2010, warning that the changes could open India's nuclear sector to private operators and compromise public safety.

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Concerns over Privatisation and Public Safety

In a memorandum submitted to MPs and signed by NAAM coordinator SP Udayakumar, the organisation stated that the proposed amendments are aimed at paving the way for private sector participation in the construction and operation of nuclear reactors, including Small Modular Reactors (SMRs), and at attracting increased foreign direct investment into the nuclear industry.

The organisation cautioned that changes to Section 3 of the Atomic Energy Act--which currently grants the Central government exclusive authority over the production, development, use and disposal of atomic energy--would effectively allow private companies to operate nuclear power plants. Calling this move "dangerous", NAAM argued that the inherent risks associated with nuclear technology, radioactive materials and nuclear waste demand strict public oversight rather than private control.

"Describing this as 'dangerous', NAAM argued that the unique risks associated with nuclear energy, radioactive materials, and nuclear waste require strict public-sector oversight," the memorandum read.

Debate on Nuclear Liability Framework

On the proposed amendments to the Civil Liability for Nuclear Damage Act, 2010, the group noted that while the existing law contains certain ambiguities in the definition of "nuclear damage", it nevertheless establishes a legal framework for compensating victims of nuclear incidents.

"On the Civil Liability for Nuclear Damage Act, 2010, NAAM acknowledged existing ambiguities in the definition of "nuclear damage" but said the law nonetheless provides a framework for compensating victims of nuclear incidents," the memorandum added.

Supplier Liability and Taxpayer Burden

NAAM criticised the current liability structure, noting that it places primary responsibility for compensation on the operator while imposing almost no meaningful liability on suppliers. The alliance said the limited "right of recourse" provisions make it highly unlikely that suppliers will ever be held accountable in the event of an accident.

At present, all nuclear facilities in India are operated by the state-owned Nuclear Power Corporation of India Ltd (NPCIL), which is mandated to maintain insurance or financial security to cover liability. According to NAAM, taxpayers ultimately shoulder the burden of compensation payments, and this burden would likely grow if private firms are allowed to enter the sector.

'Inadequate' Liability Cap

The alliance expressed concern over what it described as an "inadequate" liability cap of 300 million Special Drawing Rights--approximately USD 460 million or Rs 3,910 crore--stipulated under the current framework for nuclear incidents. NAAM called the cap "paltry", noting that it compares unfavourably even with the roughly USD 470 million compensation awarded after the 1984 Bhopal gas tragedy. Any major nuclear accident, it said, would far exceed such limits, and imposing a legal cap "violates the Right to Life under Article 21 of the Constitution."

NAAM stated that under the present law, an operator's liability is capped at Rs 1,500 crore per incident, which may be reduced to Rs 300 crore for accidents at spent-fuel reprocessing facilities. NAAM warned that similar caps for private operators could create an incentive to cut costs on safety measures.

Lack of Public Consultation Criticised

The group also criticised the government for considering major changes to nuclear legislation "without open, transparent and fair public consultations," arguing that such decisions have direct and long-term consequences for public health, safety and human rights.

NAAM has urged MPs to oppose the proposed amendments, calling them an "unabashed move" to promote corporate interests at the expense of citizens' welfare. (ANI)