NUCLEAR DAMAGE AND CIVIL LIABILITY: A CRITIQUE IN THE LIGHT OF COMPENSATORY JURISPRUDENCE

Abstract

The liability for nuclear damage was recently came in to focus due to the Tsunami attack in the Japan and its impact on the nuclear power plants of the Fukushima. On other hand the increasing protest against the nuclear power plant of India which was going to be installed in Jaitapur in the State of Maharashtra. The protestors are worried about the consequences of the nuclear radiation and its harmful effects on the nature and living creature, therefore it is crying need to strengthen the compensatory jurisprudence for the future generations in case of any upcoming nuclear disasters. Indian government now wants to pass a special law to provide foreign companies s with liability protection in case of nuclear accidents. Hence the civil liability for nuclear damage Bill 2010 was introduced in the Indian parliament in the year 2010. Even prior to the preparation of present bill there are certain other legislations and judicial decisions which had taken care of the nuclear damage and liability for the compensation. This article analyses the shortcoming of the bill as well as the previous mistakes committed by the government while dealing with remedial setup to the victims of the nuclear disasters.