Civil Nuclear Liability Law In India

1. Introduction

Back in January this year, India and the United States reached an understanding, in public at least, on the commercial liability of suppliers for nuclear accidents in India. The general understanding appears to be that operators of nuclear facilities in India will continue to remain primarily liable for a nuclear incident and that any residual liability of suppliers for damage arising from a nuclear accident will be mitigated by an insurance pool, funded by Indian insurers and the Government of India.¹

But how do these public statements square with India's civil nuclear liability laws and to what extent are suppliers insulated from legal action in the event of a nuclear disaster? Let's look at the detail.