Skip to main content

Serving foreign capital? Reintroduction of India's nuclear energy law

By Rajkumar Sinha*  
In 2010, the United Progressive Alliance government under Dr. Manmohan Singh introduced the nuclear energy law, which caused significant upheaval. This law, allegedly drafted at the instigation of American industrial groups, exempted the profit-making manufacturing company from all responsibility in the event of an accident. Due to strong opposition at the time, this law was softened, but it is now being reintroduced. 
What are its implications? 
The Indian government is going to amend nuclear energy acts in the upcoming session of Parliament. This move to "permit private operators and limit their liability" to promote nuclear energy comes after the decision to allow American companies to build and design nuclear equipment in India. The "Civil Liability for Nuclear Damage Act 2010," enacted by the Congress-led United Progressive Alliance (UPA) government for this purpose, had terms that protected the citizens of the country and held companies accountable. Similarly, there is another law, the "Atomic Energy Act 1962," under which the central government develops and operates "nuclear power centers."
Then-Prime Minister Dr. Manmohan Singh wanted to pass the nuclear liability bill in Parliament as soon as possible, but due to opposition from political parties and other civil organizations inside and outside Parliament, and the instability of his government, he had to withdraw it. According to this bill, the supplier was exempt from any compensation in the event of a nuclear power plant accident. Later, after changes were made to the bill in accordance with the demands of opposition parties, the "Civil Liability for Nuclear Damage Act 2010" was passed by Parliament.
Currently, this act allows domestic private companies to participate in the energy sector, but a government committee formed by NITI Aayog has recommended lifting the ban on foreign investment in the nuclear energy sector. The committee has also recommended changes to the "Foreign Investment Acts" along with the act to include foreign companies in nuclear energy production.
It is worth noting that the 2008 agreement between India and the United States for civil nuclear cooperation allowed the import of nuclear technology materials and opened the way for private companies to enter the Indian nuclear market. This agreement was made under "Section 123" of the US "Atomic Energy Act 1954," which was called the "123 Agreement." This agreement raised serious questions across the country.
The indication of the proposed changes was evident during the bilateral talks between India and US defense and foreign ministers in Washington in 2022, when an American company expressed interest in investing approximately 10,000 crore rupees in the development of "Small Modular Nuclear Reactors" (SMRs) for India's domestic use and export, and in setting up six nuclear reactors in India at a cost of 60,000 crore rupees. SMRs are nuclear reactors that produce only 10 to 300 megawatts of electricity. Due to their modular design and small size, multiple units can be installed at the same site as needed. At that time, talks between the Nuclear Power Corporation of India and Washington Electric Company were in the final stages in 2022 regarding this.
India may gradually allow up to 49% Foreign Direct Investment (FDI) in nuclear energy. The government may initially allow only up to 26% and increase it after review. The central government plans to open up the private sector to increase nuclear energy from the current 8 gigawatts to 40 gigawatts by 2035. Former Government of India Secretary E.A.S. Sarma has reiterated his appeal to Prime Minister Narendra Modi not to succumb to pressure from the United States and other nuclear supplier countries to weaken India's existing laws, as indicated by the Finance Minister in this year's budget speech.
The question arises: Why do companies investing in the nuclear sector want to come to India? In fact, there is a severe downturn in the nuclear power industry these days, which is why companies from countries like the US, France, and Russia are eager to secure contracts and orders in India. The "World Nuclear Industry Status Report" released in 2017 stated that the number of nuclear reactors under construction worldwide had declined in the previous four years. Globally, 68 reactors were under construction until 2013, while in 2017, the number of reactors under construction had dropped to 53.
Victims of the Bhopal Gas Tragedy are still fighting for justice. In such a scenario, by exempting foreign companies from strict laws, we are playing with the lives of our citizens. This exemption for American nuclear companies could be very costly for India. How can nuclear companies that earn huge profits from investing in India be exempted from their liabilities? Do business in India, take the profits to America, and if anything goes wrong, wash your hands of it. The company will file counter-lawsuits against those who ask questions because our law is being prepared to suit them.
Large budgetary allocations for the privatization of the nuclear sector and for the research and development of SMRs are a step towards nuclear expansionism. An SMR, over its projected 60-year lifespan, will generate approximately 1,800 tons of "spent fuel" as waste. The chosen site will need to make provisions for the safe storage of "spent fuel" for a very long period. Legal provisions must ensure that sites owned by private parties remain under regulatory control.
Will including the requirements for spent fuel and radioactive waste management early in the design and licensing processes ensure a definite pathway for the disposal of all waste? Therefore, for the large-scale production of SMRs, there will be an extreme need for regulatory oversight and control at all stages of production and module assembly, and for start-up and operation, to ensure compliance with production and safety standards.
The central government has allocated 20,000 crore rupees in the 2025-26 budget for the "Atomic Energy Mission." This amount has been allocated for the research and development of SMRs. The goal is to develop at least five indigenous SMRs by 2033. The government should understand the long-term adverse effects of nuclear radiation and instead prioritize "non-nuclear renewable energy" production that is decentralized, has minimal ecological impacts, and upholds the principles of social equity and financial stability.
---
*Social activist 

Comments

TRENDING

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat*  Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu.  He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

Gujarat agate worker, who fought against bondage, died of silicosis, won compensation

Raju Parmar By Jagdish Patel* This is about an agate worker of Khambhat in Central Gujarat. Born in a Vankar family, Raju Parmar first visited our weekly OPD clinic in Shakarpur on March 4, 2009. Aged 45 then, he was assigned OPD No 199/03/2009. He was referred to the Cardiac Care Centre, Khambhat, to get chest X-ray free of charge. Accordingly, he got it done and submitted his report. At that time he was working in an agate crushing unit of one Kishan Bhil.

Budget for 2018-19: Ahmedabad authorities "regularly" under-spend allocation

By Mahender Jethmalani* The Ahmedabad Municipal Corporation’s (AMC's) General Body (Municipal Board) recently passed the AMC’s annual budget estimates of Rs 6,990 crore for 2018-19. AMC’s revenue expenditure for the next financial year is Rs 3,500 crore and development budget (capital budget) is Rs 3,490 crore.

Licy Bharucha’s pilgrimage into the lives of India’s freedom fighters

By Moin Qazi* Book Review: “Oral History of Indian Freedom Movement”, by Dr Licy Bharucha; Pp240; Rs 300; Published by National Museum of Indian Freedom Movement The Congress has won political freedom, but it has yet to win economic freedom, social and moral freedom. These freedoms are harder than the political, if only because they are constructive, less exciting and not spectacular. — Mahatma Gandhi The opening quote of the book by Mahatma Gandhi sums up the true objective of India’s freedom struggle. It also in essence speaks for the multitudes of brave and courageous individuals who aspired to get themselves jailed for the cause of the country’s freedom. A jail term was a strong testimony and credential of patriotism for them. The book has been written by Dr Licy Bharucha, an academically trained political scientist and a scholar of peace studies and Gandhian studies, who was closely associated throughout her life with those who made the struggle for India’s independence the primar...

Warning bells for India: Tribal exploitation by powerful corporate interests may turn into international issue

By Ashok Shrimali* Warning bells are ringing for India. Even as news drops in from Odisha that Adivasi villages, one after another, are rejecting the top UK-based MNC Vedanta's plea for mining, a recent move by two senior scholars Felix Padel and Samarendra Das suggests the way tribals are being exploited in India by powerful international and national business interests may become an international issue. In fact, one has only to count days when things may be taken up at the United Nations level, with India being pushed to the corner. Padel, it may be recalled, is a major British authority on indigenous peoples across the world, with several scholarly books to his credit. 

Covid response? How, gripped by fear and groupthink, scientists 'failed' children

By Bhaskaran Raman*  “Today’s children are tomorrow’s future”, “Nurture children’s dreams”, “A child’s smile is sunlight”. These are some cliches, rendered rather uninspiring through repetition and obviousness. However, for nearly 2½ years, society forgot these cliches, children suffered as science failed and groupthink prevailed. Worse, all of this has been swept under the rug.