Question : NUCLEAR LIABILITY ACT

(a) whether the Indian Civil Nuclear Liability Act conform to the 5 guiding principles of the Convention on Supplementary Compensation (CSC) for nuclear damage, (i) channelling all legal liability for nuclear damage exclusively to the operator; (ii) imposing liability on the operator without need to demonstrate fault, negligence or intent; (iii) granting exclusive jurisdiction to the counts of the country where a nuclear incident occurs; (iv) permitting liability to be limited in amount and time; and (v) compensating damage without any dissemination based upon nationality, domicile or residence and if so, the details thereof;

(b) whether it is a pre-requisite for signing and then ratifying the CSC that Indian domestic law must be in conformity with the CSC and whether there is a perceived divergence who would arbitrate to determine the differences;

(c) if so, the details thereof;

(d) whether these differences perceived or real are likely to impact civil nuclear commerce with supplier nations especially the USA and if so, the details thereof;

(e) whether India intend to ratify the CSC it signed on 27.10.2011; and

(f) if so, the details thereof?

MINISTER OF STATE FOR PERSONNEL, PUBLIC GRIEVANCES & PENSIONS AND PRIME MINISTER`S OFFICE (SHRI V. NARAYANASAMY)

(a) The Civil Liability for Nuclear Damage Act, 2010 takes into account the guiding principles of the Convention on Supplementary Compensation for Nuclear Damage (CSC).

(b)&(c) Article XVIII of the CSC states that an instrument of ratification, acceptance or approval shall be accepted only from a State which is a Party to either the Vienna Convention or the Paris Convention, or a State which declares that its national law complies with the provisions of the CSC provided that, in the case of a State having on its territory a nuclear installation as defined in the Convention on Nuclear Safety of 17 June 1994, it is Contracting State to that Convention.

(d) Since the Civil Liability for Nuclear Damage Act, 2010 takes into account the guiding principles of the CSC, the question does not arise.

(e)&(f) Ratification would be possible after completion of necessary procedures.