Abstract

For any profit driven and developing nation-state, the desire to improve industrially and economically has always been the top objective for the nation's growth. A balance between the right to growth and the right to a clean environment should exist, even if there is no formally recognised right to development. A clean environment is a right that is routinely ignored and it is relevant for nuclear energy industry too. Although nuclear power plants are a dependable source of energy, their operators must take great care to protect the environment. The majority of the material handled by nuclear power plants is radioactive which in case of an adversity may lead to accidents like the Three Mile Island incident, the Chernobyl disaster and the Fukushima disaster and hence they possess a potential to cause catastrophic damage to the people and the environment. This paper discusses nuclear energy, its potential impact on the environment and the enviro-legal implications in India. Over the years, while furthering its quest for energy independence, India has made efforts to adhere to the international safety standards and policies. However, the extent to which these policies prioritise the environment over the economy and the well-being of citizens is still up for intense debate. It must be acknowledged that people and environment come first and responsibility of the State is immediately behind it. The paper further takes associated factors like nuclear waste disposal, state responsibility, potential harm and extent of liability into consideration. The authors attempt to examine whether the existing laws and judgments make way to create a balance between environmental conservation and India’s goal of becoming energy independent by 2047.

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