India’s Nuclear Civil Liability Act: A Paradigm Shift from International Nuclear Civil Liability Regime

  • Gorremutchu Mahith Vidyasagar
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  • Gorremutchu Mahith Vidyasagar

    Advocate at High Court of Andhra Pradesh, India

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Abstract

The civil nuclear liability regime of India is governed by Civil Liability for Nuclear Damage Act (CLNDA), 2010. From its very inception the nuclear liability act of India is a centre for many controversies. The cases challenging the constitutional validity of this Act are yet to be decided by the Hon’ble Supreme Court. Concerns are raised against the Act. Despite all those issues India’s Nuclear Liability Act for the first time introduced the channelling of liability to the suppliers. Those provisions questioned India’s adherence to international nuclear liability conventions. Against this background, this paper briefly evaluates the concept of nuclear civil liability under CLNDA. Along with that an attempt has also been made to explain the constitutional validity of the Act and also its conformation with the international nuclear liability principles.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 3, Page 3080 - 3094

DOI: https://doij.org/10.10000/IJLMH.11837

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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