New Delhi: The NDA government, in a statement on Sunday, has made it clear that it will not amend India's liability law. It also mentioned that recently an understanding has been reached with the United States under which in case of a nuclear mishap, victims cannot sue the suppliers of equipment for the nuclear reactors.
Ministry of external affairs, in a detailed paper on 'frequently asked questions', which deals with contentious issues including liability, compensation and right of recourse in case of a nuclear mishap, said, “There is no proposal to amend the Civil Liability for Nuclear Damage (CLND) Act or the Rules."
The paper further reveals, “The victims of a nuclear accident cannot sue Foreign suppliers of the reactors for the damages but they can be held liable by the operator who has the right of recourse that could be operationalised through the contract between the operator and the supplier.”
The paper also notes that after three rounds of discussions between the Indo-US Nuclear Contact Group which met last in London, just three days before arrival of US President Barack Obama in India, an understanding on the policy hurdles were reached.
"Based on these discussions, an understanding was reached with the US on the two outstanding issues on civil nuclear cooperation, which was confirmed by the leaders (Prime Minister Narendra Modi and Obama) on January 25, 2015." it said.
While emphasising that the country's Civil Liability for Nuclear Damages (CLND) Act "channels all legal liability for nuclear damage exclusively to the operator", the MEA clarified that it does not provide a basis for bringing claims for compensation for nuclear damage under other Acts."
India has given a Memorandum to the US on Friday assuring them the same.
While noting that CLND Bill was adopted by a vote after the parliamentary debates, the ministry The MEA said, “It does not create the grounds for victims to move foreign courts. In fact that would be against the basic intent of the law to provide a domestic legal framework for victims of nuclear damage to seek compensation.”
The ministry also rejected suggestions that there was no 'right of recourse' for an operator against foreign suppliers, saying the Section 17 of CLND provides right of recourse.
