CHAPTER 6

CONCLUSION AND SUGGESTIONS

Undoubted to say, electricity is the flesh and blood of the present and future
human generation. It is not only an inseparable part of modern human life but has
become a necessity of the normal household and work culture. Electricity supports
life, both directly and indirectly. Directly by providing power to operate innumerable
appliances and indirectly by helping in the operation and functioning of commercial
and industrial enterprises, capable of providing work, employment, services, etc. In
short, electricity has proved to be an indirect employment provider. Considering
India‟s vast population and increasing energy needs, many scientists and the
governments have been favoring the use of nuclear material and nuclear technology
for the generation of electric power. It may be noted that, currently India is producing
4780 MW of electricity through nuclear and according to its energy policy it is
expected to augment to 63000 MW by 2032, thus expected to contribute 23% of the
total electricity output by 2050.

But having studied the various issues, it is observed that even nuclear
technology, especially pertaining to its use in NPP‟s for electricity generation, is
witnessed with different approaches, some favoring it and some disfavoring it.
Different thinkers and critics have tried to justify their stance on the basis of their
thought and rationality. In the light of the available literature at the international and
national level, including decided case laws, and primary data, the researcher has
attempted to analyze all the relevant questions to the study. The aspects relating to
safety of NPP‟s as a mode of energy generation, its capability to meet various energy
requirements, overall suitability of different modes of energy generation in the Indian
scenario, have been taken into account. Safety levels concerning the disposal of
nuclear and radioactive waste have also been studied. Safety and security of NPP‟s
and nuclear material from terrorist attacks has also been premeditated. In case of
nuclear accident, attempt has also been made to study the extent of liability imposed
on the operators and suppliers. The whole analysis is brought forth on the basis of the
following parameters.

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Social justice, Right to Life and National Energy Policy

In the light of the changing dimensions of the concept of social justice and
right to life, considering electricity as of vital importance to human growth and
development would not be wrong. Thus the national energy policy of India is a
welcomed initiative towards the achievement and fulfillment of the ever increasing
demand for continuous and reliable supply of electricity on a large scale. Further, our
day to day observations depict that the low-income families in general consume less
electricity than wealthier families. Increased supply of electricity at marginalized rates
will develop skill formation for many, especially the poor sections of the society. This
will generate empowerment by increasing their knowledge in energy intensive
techniques and tools. An easy electricity supply would bring more learning and
earning opportunities at ones disposal. We must not forget that mass media and
internet are important sources of information and knowledge, which are feasible only
if electricity is accessible. However, though this source of energy will be helpful in
meeting the electricity needs of the nation, yet the government still needs to think
about the other energy requirements, like cooking gas, petrol, diesel, etc. which the
country is mostly buying from foreign lands and increasing its debts. Just as the
nation is coming forward with an alternative energy source assuming it to be climate
friendly, the system must also think and develop some environment friendly
alternatives to petrol and diesel.

Environment, Climate Change and Sustainable Development

Keeping in mind the ever increasing demand for energy, the governments have
been deploying different modes for the generation of electricity. In India energy is
generated from water, wind, solar, coal and from nuclear fission and fusion reactions.
Presently, majority of the energy demands in India are met by the burning of coal in
TPP‟s. One of the major drawbacks of using this technology is the release of huge
amounts of carbon dioxide and sulphur fumes during the process of energy
generation. These fumes, collectively termed as green house gases, are not
environment friendly, as they have polluting tendency, as high as to be able to cause
the depletion of ozone layer. It is also believed that the increased emission of green
house gases is the cause behind global warming. Earlier, the world had not recognized

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the dangers of pollution. But with the growth of the concept of „sustainable
development‟, the world nations have started to consider factors and ways of striking
a balance between the increasing life standards and the cost that we are paying in
terms of environmental and health deteriorations in our life. Thus it was considered
that the protection to right to life as guaranteed under Article 21, which includes
within its ambit the right to a meaningful life, worth living, also envisages the right to
a clean and healthy environment.

Keeping this in mind, the nuclear supporting nations and the world nuclear
associations suggest that shift to nuclear technology for the generation of energy
would be environment friendly, as this technology is not coupled with the release of
green house gas emissions. They asserted that nuclear is more climates friendly and
does not contribute in global warming. No doubt, nuclear is less polluting than coal as
there are no direct carbon dioxide releases during energy generation, however, the
whole processes and technique involved in the construction of the NPP releases
tremendous amounts of CO2 which ends in global warming. Further, since all the
transportation activities of nuclear material and nuclear waste are managed through
roads and railways (still mostly run on coal, petrol and diesel), there are again
immense CO2 emissions. The empirical study also depicts that only 35.59% (refer
Table 5.18) of the general respondents believe that nuclear would help in reducing the
quantity of green house gas emissions, while only 52% of the experts believe that
nuclear is a clean and green source of energy. However, considering the agenda and
need for sustainable development, not bypassing the world‟s concern for climate
change, no doubt nuclear is a better source that coal, yet deliberations may be made
on the use of other methods, because nuclear may not release carbon dioxide, but it
does release radioactive fumes, right from the beginning of the process involving
mining of Uranium. We must also not ignore, that as far as answers to climate change
and global warming are sought, generation of energy through wind, water and solar
can also be adhered to.

Radioactivity and Uranium Mining

Mining of uranium ores is carried out by underground, surface or solution

mining, depending upon its geological setting. Approximately 15 million tonnes of

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uranium ore are needed by one NPP of 1000MWe capacity to run during its estimated
life time of 30 years. The environmental impacts of uranium mining are mainly
classified into impact on land and water. As far health hazards are concerned, Radon
is believed to be one of major factor in increasing the cancer incidence among
uranium miners. Many independent studies have till date been conducted to study the
social, economic and health statuses of the people working in uranium mines. Some
studies have been specifically made in Jaduguda1, the major uranium mining site in
India. According to some independent health surveys in the area, more than 90
percent of the mining laborers are residents of the surrounding villages.

A 2003 study paper2 on uranium mining prepared and presented by UCIL state
that the processing of uranium ore generates some radio-nuclides which form part of
tailings. These radio-nuclides are actually atoms of uranium, which emit cancer
causing gamma radiations. It further states that since the complete recovery of
uranium from its ore is not possible, some uranium is always left behind in the
tailings. Also the whole process of uranium extraction brings forth some chemical
reactions, thus leaving behind some chemical toxins also. It is believed that the long
run effects of the spread of toxic tailings may be catastrophic. The highly toxic nature
of these uranium tailings makes it imperative that they must be stored in such a way
as to prevent any type of spread or contamination. No doubt, the best possible
techniques are being deployed for that, yet, one has be cautioned considering the
highly dangerous effects it may have. Some studies suggest that there are increased
cases of tuberculosis, cancer, primary sterility and congenital defects among the
villagers working in the Jaduguda mining site.3 These tailings contain particles of
heavy metals such as arsenic, cadmium and chromium, enough to damage human
organs like liver, upon entering the human body through food chain.

No doubt that the present day uranium mining is highly regulated as it has
been deploying several important mining practices, routed towards the maintenance of

1
Uranium Mining in Jaduguda, available at: https://caravanmagazine.in/vantage/jadugoda-uranium-
mining-endorsed-courts-government-ucil-expands-operations (Visited January 13, 2019)
2
Gupta, A. C. Kundu & A. K. Sarangi, “Uranium Mining, Milling And Tailings Disposal-Best
Practices”, available at: http://www.ucil.gov.in/pdf/myth/Mining,%20milling%20&%20tailings%
20disposal-best%20practices.pdf (January 13, 2019)
3
India‟s Nuclear Industry Pours its Wastes Into a River of Death and Disease, available at:
https://publicintegrity.org/national-security/indias-nuclear-industry-pours-its-wastes-into-a-river-
of-death-and-disease/ (Visited on January 19, 2019)

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worker safety and health, trainings in safe working practices for protection against
radiation exposures, etc, yet the above concerns cannot be neglected. However, UCIL
has always dismissed any such health hazards. It claims that it has been doing much
towards the development of health and safety of the mine workers and the local
people of the area by providing adequate manpower, infrastructure and funding.

Keeping in view the efforts and the money that is being spent by UCIL and the
health concerns of the indigenous people working in the uranium mining industry, and
those living in the nearby areas, it is emphasized that there is a need for advanced and
regular study on their present and changing health pattern, especially by considering
the number of increased cases of the respiratory track problems and cancers. Those
research and study outputs should be seriously noted to address any deterioration in
the health of the people.

Radiation exposure or radioactivity is not only connected with Uranium

mining, but is a continuous phenomenon during the whole process of nuclear energy
generation.

Nuclear Technology and Radioactivity

It will not be untrue to say that generation of energy through nuclear does
effect the environment. Besides all the arguments in support of nuclear, the constant
emission of low level radioactive fumes from the nuclear industry cannot be ignored,
for they can be highly toxic to humans and wildlife. Radioactivity is not only released
directly during the generation of electricity through the nuclear industry, but is indeed
a continuing process. The naturally occurring radioactive material is also capable of
releasing minor radiations. However, when it is converted in its active form for the
generation of electricity, its tendency to release radioactivity increases many fold. The
possibility of high radioactivity releases increase during transportation, if they ever
happen to leak in a road/rail accident. It is impossible to control the flow and
movement of radioactivity, once the release has begun. Even the minutest amount of
such radioactive release will leave some impact on health. Though, the proponents of
nuclear technology assert that the designated level of radioactive releases in the
atmosphere will not lead to any type to environmental harm, yet they have their own
implications.

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 The release of radioactivity is not always a control release. A nuclear accident,
especially resulting from a meltdown, release radioactivity with the same valor as
does the lava in case of a volcanic eruption.

Meltdown, Nuclear Disaster and Radioactivity

As history depicts, the initial factors that led to the nuclear accident may be
different, but at the end, the resultant damage was due to a meltdown and the
corresponding release of radiations. As already studied the TMI nuclear accident was
due to a partial meltdown and the Chernobyl and Fukushima nuclear disasters was
due to a complete meltdown. In case of a meltdown, the melting of the hot fuel
through the barriers holding it, results in the escape of radioactivity and radioactive
material beyond the reactor containments. Acute radiation poisoning in case of a
meltdown exposes people, animals, marine life and the whole flora & fauna to
radiations and increases the possibility of they being suffering losses due to
radioactivity. The release of radioactive emissions in different sources has different
impacts.

Radioactivity and its effects on Human Health

Exposure to radiations on earth is common and natural. The radiation exposure

may vary from low to high, depending upon the eating habits, occupation, and
lifestyle and mainly upon the geographical location. The controlled uses of ionizing
radiations are also used for the treatment of many forms of cancer. However, long
term exposures to low level radiations, can cause harm to a person‟s body, by
damaging DNA. It may also result in radiation sickness or death. Some studies state
that the bodies of Children and adolescents are more sensitive to the ill effects of
ionizing radiations. It is believed that since their bodies are in the process of
development, their chances of developing cancer are more, post radiation exposure.
The effects of the Chernobyl disaster show that radiations have the potential to bring
birth defects in humans and animals, leading to difficulties in generations.

The chances for radioactive contamination are increased due to the possibility
of the occurrence of nuclear accidents in NPP‟s. In such accidents, radioactive
isotopes like I131 and Cs137 are released. This iodine isotope i.e. I131 on getting inside

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the human body either through the inhalation of contaminated dust particles or
through the intake of contaminated water, food or milk, has the tendency to get
accumulated inside the thyroid gland (the gland being not capable of distinguishing
between I131 and the non-radioactive iodine), thus increasing the risk of thyroid
cancer.4 Cs137 can be absorbed by the body both externally and internally. External
exposure comes due to contact with contaminated materials at nuclear accident sites,
while internal exposure can come from breathing contaminated air or by the intake of
contaminated food and water. Cs137 affects the whole body tissues and organs, other
than affecting a particular organ. In more severe accidents, such as the Chernobyl,
even more dangerous radioactive isotopes, such as Sr90 and Pt239 were also released,
which had even more severe health impacts.

Other than during a nuclear accident, the improper monitoring of NPP does
produce two major liquid by-products, called tritium and Sr90. Tritium has the
possibility of contaminating water and may result in increased risks of developing
cancer in soft tissues and organs if ingested. Sr90 gets deposited in bones and teeth like
calcium, thus increasing the risk of bone cancer and leukemia in humans and in
animals. Some US based studies allege that there is an increased rate of cancer
amongst the people living near NPP‟s.

It is also pertinent to note here that when changes in health pattern of the
respondents and people at Rawatbhata were studied, it was found that 35.2%
respondents felt that there were unfavorable changes in the health pattern of the
people living in Rawatbhata, with 38.3% respondents being not sure. However, as far
changes in personal health were studied, 27.3% respondents found that the NPP has
brought unfavorable changes in their health, with 36.7% respondents having observed
favorable changes in their health pattern. The combined analysis makes it imperative
that the NPP has brought some unfavorable changes in the normal health pattern of
the people at Rawatbhata. Some respondents at Rawatbhata told the researcher that
they have been observing and suffering from prolonged cough, with early ageing of
hair and skin. Though were not any particularly reported cases of cancer amongst the

4
Available at: https://www.cancer.gov/about-cancer/causes-prevention/risk/radiation/nuclear-
accidents-fact-sheet (Visited on September 12, 2019)

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respondents, yet the whole study, suggests that more wary efforts must be made
towards the betterment of the health of the residents, with appropriate measures to
answer their concerns about cough and early ageing. The respondents at Rawatbhata
also complained about early graying of hair, considering that to be due to quality of
water being affected, as has been elaborately discussed under.

Radioactivity, Impact on Water and Marine Life

Just as heat loss is associated with the use of TPP‟s, even NPP‟s need
mediums for releasing excess heat. Normally large water bodies such as artificial
lakes or naturally existing rivers or lakes are used to release out excess heat. This heat
is lost in the form of hot water, and prevents the NPP from overheating. This emitted
water is doubted to contain some insoluble and toxic emissions from NPP‟s. This loss
of heat in the water bodies raises the temperature of water and is said to adversely
affect the aquatic life by significantly dropping the number of several fish species. It
is alleged that many fish are inadvertently captured in the cooling system and killed,
when water is drawn by the cooling system at high speed from the lake, etc. Further,
since there are many radioactive particles that can be ingested through contaminated
water, proper water purification and treatment plants must be put up by the nuclear
industries, before the release of such water.

One astonishing feature regards the supply of water at Rawatbhata was

brought to the knowledge of the researcher by the local inhabitants of the place,
during the collection of data. A renowned practicing lawyer of the area told that
Rawatbhata is inhabited by mostly two kinds of people, (i) permanent residents of the
area residing in their self owned houses and (ii) the workers and employees of
NPCIL, who have their accommodations in specific areas, called the colonies of
NPCIL. He pointed out that all the colonies of NPCIL are equipped with a water
treatment unit like a big RO System through which goes the whole water supply to the
residents in the colony. Stating this, he posed an open question as to what is the
reason behind the installation of such units in all its colonies when NPCIL and AERB
assert that the whole process of electricity generation through the nuclear technique
does not contaminate the water bodies in the area?

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 Whereby, the researcher is of the opinion that, to remove any kind of doubt in
the minds of the residents, this question should be thoroughly investigated and
answered. As already studied in A.P. Pollution Control Board Case,5it is pertinent to
consider the court‟s opinion in this context, where, while describing environmental
rights as 3rd generational rights, the court emphasized on the human need for pure
drinking water against the claims of development and considered it to be an
indispensable part of the fundamental rights under Article 21. Reliance must also be
placed on the decision of the Hon‟ble SC in the case of Narmada Bachao Andolan v.
Union of India and others,6 where water was held as a basic need for the survival of
human beings and was categorized as part of the right to life, within the ambit of
Article 21.

Besides all the people‟s concerns, AERB, NPCIL and many other
governmental bodies, allege that the NPP‟s in India are safe against any form a
nuclear accident, and they completely negate the possibility of the occurrence of a
nuclear accident in India, as stated under.

Safety of NPP’s and Prevention of Nuclear Accidents

When it comes to safety, the question that strikes is, when Japan, a highly
industrialized nation with a high safety record could not anticipate and control the
hazards of the Fukushima disaster, will India the so called developing nation be able
to foresee the onset of any such dastardly accident-howsoever small or large it may
be. A NPP accident would eventually result from a catastrophic failure, leading to the
release of high level radiations. History shows that there were different causes of the
nuclear accidents. The TMI was the result of a technological failure, the Chernobyl
was the outcome of poor experimentation by ill trained workers and the Fukushima
was the result of a Tsunami and earthquake.

Immediately after the nuclear accident at Fukushima, the Prime Minister ordered for
the fresh review of all NPP‟s to access their safety with respect to the onset of any
external events. For this purpose, separate task forces were constituted by NPCIL,

5
Supra at 178
6
(2000) 10 SCC 664 at 767, para 248; Decided on October 18, 2000 by Dr. A.S. Ananj (CJ), S.P.
Bharucha and B.N. Kirpal (JJ)

339
considering the different types of reactor designs in India. The safety analysis was
done in a presumed scenario of lack of off-site and on-site electric power and water
supply. Pursuant to these orders, another high level committee was constituted by
AERB with the help of national experts. Both the reports by NPCIL and by AERB
indicated the actions taken/planned for assuring better safety at the NPP‟s by
addressing aspects relating to external events, designing, onsite recovery and
management in case of a severe accident, emergency preparedness and response
system, etc. Relying on all these aspects, the expert committee on AERB gave 17
safety measures, to be followed by NPCIL, as a matter of abundant caution.

Despite all these safety directives, many nuclear scientists do not believe in
the safety of the NPP‟s because they contend that regulated safety procedures are not
being followed as desired, thus the non-occurrence of a NPP accident cannot be
guaranteed. As studied in the previous chapter, only 35.33% of the experts believe
that the NPP‟s in India are so constructed, so as to protect them against the most
extreme natural events that may occur in the country.

Besides the safety of NPP‟s there is another aspect that is security of NPP‟s
and nuclear material. If not secured properly, it has the potential to cause worldwide
devastation.

Avoiding nuclear terrorism through nuclear safety and security

Nuclear terrorism has been and remains a continuing threat to global security.
It would not be untrue to say that we are living in a security threat scenario, with India
having Pakistan and China as its neighboring states. The signals by various terrorist
groups, including ad Qaeda, showing their ambitions to create mass casualties and the
different IAEA reports documenting thefts and illicit trafficking of nuclear and
radioactive material, suggest that even a single planned terrorist attack will have the
potential to not on disrupt the global economy and order, but will lead to political
chaos all over. Any successful terrorist attach will not only be potent to destruct a city
or State. But will be enough potential to destabilize the entire global economy. The
legal regime on nuclear security practices only support peaceful uses of nuclear
energy by preventing illicit acquisition of nuclear and radioactive material.

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 Nuclear security parameters also focus on the security of nuclear material
during national and international transit. Also keeping in mind that most of the
nuclear resources and NSF in India are transported through roads and rails more
stringent steps must be taken to prevent any sort of theft or sabotage. Further all States
must be put under an obligation to share information about any illicit nuclear activity,
so as to prevent any cross border movement of such stolen material, and prevent it
from falling in the hands of perpetrators. Further regard must also be had to the fact,
that an emergency security threat scenario may also lead an abandoned radioactive
source in wrong hands, which may consequently be used as a dirty bomb. Further,
regard must also be had to the location of the NPP‟s, keeping in mind the regions with
political security challenges. Possibly considering this to be one of the reasons, when
asked if new reactors/ NPP‟s should be set up in Punjab, only 30% of the experts
showed their willingness for the construction of NPP there.

Keeping in view, the high dangers connected with the uses of technology,
security enhancement of nuclear facilities and NPP‟s need to be assured doubly;
because no response after the accident would be able to make good the damage done.
As far as the legal regime is concerned, the inception of such fundamental elements of
an effective and sustainable global nuclear security regime that will work toward the
prevention of nuclear terrorism are still eyed upon.

Even if all safety and security parameters are met to prevent any authorized
taking, theft, sabotage, etc., radioactive waste and NSF generated during the process
of electricity generation are enough dangerous if not stored appropriately.

Radioactive waste and Reprocessing of Nuclear Spent Fuel

First of all, as far as NSF is concerned, it is not considered as a waste in India

because India follows a „Closed Fuel Cycle‟. A Closed Fuel Cycle calls for the
adoption of an „RCR option‟ i.e. Reprocessing, Conditioning and Recycling of NSF. 7
The reason behind this is that India possesses high reserves of Thorium and low
reserves of Uranium, and the adoption of this technique would lead to the optimum
utilization of its resources. This NSF is mostly generated from two types of activities

7
Available at: barc.gov.in/publications/eb/golden/nfc/toc/Chapter%206/6.pdf (Visited on
December 12, 2019)

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i.e. from NPP‟s and Spent Fuel Processing Facilities. This NSF after cooling for about
five years is transported to different re-processing facilities in the country, under the
IAEA and AERB guidelines. Presently India has three working re-processing plants,
which operate on PUREX technology8. These re-processing plants are located one
each at Trombay (Maharashtra), Tarapur (Maharashtra) and Kalpakkam (Tamil
Nadu). The Trombay plant has the capacity to reprocess 60 tones of Nuclear Spent
Fuel (hereinafter referred as NSF) per year, while the Tarapur and Kalpakkam plant
both can reprocess 100 tones of NSF each per year.

It is pertinent to note and is commendable that the experts and scientists at

BARC have been successfully deploying the PUREX process since last 40 years and
are confident with the technology for the purpose of yielding more than 99.5 % of
Uranium and Plutonium from NSF.9

As already studied in the previous chapter, besides the fact that most of the
NSF is reprocessed in India, still there is some radioactive waste, enough capable to
be used in the manufacturing of weapons and bombs; thus calling for its safe and
secure disposal.

Management of Radioactive Waste and the requirement of a permanent Deep

Geological Repository

Though most of the NSF in India is reprocessed, yet considering the dangers
connected with the deposition of spent fuel bearing long years of after-life, the
requirement of a permanent disposal facility is highly felt. However what needs to be
kept in mind is the issues relating to the establishment of such a facility, that are being
uniformly faced by all the NPP operating countries, including India. One important
and highlighting reason behind this could be the lack of a specific provision -
providing for the compulsory establishment of a permanent disposal facility by each
NPP operating country- in the AERB Safety Cody on “Management of radioactive
Waste, 2007”. However, taking note of Section 17 of the Atomic Energy Act, which
strives to achieve and work towards the present and future safety of our NPP‟s, the

8
For details available at: igcar.gov.in/rpg/articles/Ramanujan%20-%20Intro%20to%20
reprocessing.pdf (Visited on December 12, 2019)
9
Available at: fissilematerials.org/library/barc03.pdf (Visited on December 12, 2019)

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health of the people and the overall wellbeing of the environment, the concerned
authorities i.e. the Uoi and NPCIL should take a serious note of this requirement.

Other than the steps that the government needs to take on the political and the
management‟s end, there are some aspects which need to be witness with caution, that
pertain to the safety of the people residing near the NPP‟s.

Radiological Safety: Knowledge and Significance

Under the AERB Safety Code directives, AERB is duty bound to take such
steps necessary for the awareness of the public on the major safety issues, especially
concerning radiological safety and its significance. As observed, when the
respondents at Rawatbhata were questioned about their knowledge about the various
radiological safety principles applicable in case of a radiological emergency, only
37.50% (refer Table 5.48) respondents affirmed that they were aware of the relevant
principles. This clearly shows that the common people are least aware about any
aspects of radiological safety. While interacting with the commoners, the researcher
was told that they have never been informed about any forms of safety procedures to
be followed in times of emergency, nor they have ever been informed by any official
as to what shall be their plan of action for the preservation of their life and property in
case of any adverse situation coming their way due to any leakages or any other
accidents happening in the nuclear reactors etc. Taking all these factors into account,
it is suggested that proper awareness about radiological safety would avoid situations
of panic and havoc amongst the people in the eventuality of a radiological emergency.
Also, proper training to personnel engaged in the management of such radiological
emergency must be adequately emphasized.

Well maintained parameters doesn‟t only mean maintenance of technological

standards, some social and wellness standards must also be made part of the working
of the management. Such steps may prove beneficial in times of emergency or
distress.

Disaster Management, Emergency preparedness and Road Connectivity

The National Disaster Management guidelines lay special emphasis,

highlighting the need for a proper and well maintained network of roads and

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transportation. NPCIL under its emergency preparedness schemes is also obligated to
look into the proper maintenance of roads and other modes of travel and transit. It is
important because every major emergency response system envisages a necessary
evacuation of the affected area. A safe and hustle free evacuation will only be
possible in the presence of well- defined routes and evacuation plans.

The researcher, while conducting the empirical study at Rawatbhata Rajasthan

Site (hereinafter referred as RR Site), observed that the road/ path linking Rawatbhata
to the nearest main city Kota needs to be better constructed. It was observed that the
time taken in normal days to reach Rawatbhata from Kota and vice-versa is nearly one
hour to one hour fifteen minutes. There is only one linking road, broad enough to
hardly allow two vehicles to cross each other. This issue was also raised by the
inhabitants of Rawatbhata, stating that they were highly in need of better road
connectivity even for the fulfillment of their day-to-day needs. The question that
haunts the researcher is that will such road connectivity be able to move the
inhabitants of Rawatbhatta to nearby safe places in cases of emergency, without
paving way for casualties; further, will such road connectivity be able to fetch
sufficient medical and other help from the nearby cities.

Not only is proper road connectivity important, selection of an appropriate site

for the construction of the NPP must be made with the highest degree of caution.

Site Selection Procedure for the establishment of NPP’s

Another aspect that came in front while the researcher was conducting
empirical study in the state of Punjab, was the Site selection procedure followed by
NPCIL for the selection of site for the setting up of the NPP. The issue that came
before the researcher was regarding the highly productive agricultural lands at Patran
in Punjab. The local inhabitants of the region, especially farmers and agriculturists
were mostly/majorly (see data) against the setting up of any such plant there. There
argument was put forward by the Sarpanch of village Darauli where he stated that
most of the inhabitants in this region are Pakistani refugees who migrated to this place
during the times of Indo-Pak partition. He further stated that decades back when they

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started inhabiting this place, it was nothing but a barren piece of land with „tibba’10
all-around, he asserted that the people here have worked day and night to give this
place its present form and to make this land cultivable. Wherefore, he has pleaded to
the government, and the concerned authorities to look for some other place for the
setting up of the proposed NPP praying that “1947 de ujradian nu dubara na
ujado”.11 The researcher urges that if such an uprooting takes place again it will bring
severe social, economic and psychological set back to the inhabitants.

Whatever place is chosen for the establishment of the NPP, NPCIL must
perform certain duties, not as part of obligation, but as part of social responsibility.

Sustainable Development, CSR and NPCIL

The annual data provided by NPCIL, gives the detail of the different projects
relating to education, health, sanitation, infrastructural development, skill
development, SD, etc. that are being carried out every year in all the areas where
NPP‟s have been set up. The data also lists the total amount of funds that were
allocated in a particular finance year to each NPP site, and the funds actually spent.
Though the figures seem quiet convincing, yet the researcher is of the opinion that
since crores of rupees are spent every year for performing functions of CSR, there
must be some independent vigilance body to look into the working of the assigned
officials, so as to prevent and form of misappropriation of the funds.

One of the programmes performed by NPCIL under its CSR Policy is the
achievement of better sanitation and cleanliness in the areas adjoining NPP‟s. The
researcher, while her visit to the local inhabitants at Rawatbhata, found the condition
of sanitation and surrounding cleanliness miserable. Though such need not be
mentioned specifically, but concerned about the health and well being of the
inhabitants, it is paramount to highlight the realities.

The CSR annual report of 2017-2018 by NPCIL reports that a total of 108.25
lakh was spent on sanitation at the RR Site. The figure is specifically stated because
the researcher visited the place in February 2019; and if that was the condition of

10
Translation- An elevated part of land with accumulation of excess soil, usually unfit for
agriculture.
11
Translation- Those who have already been uprooted in 1947 should not be uprooted again.

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sanitation and cleanliness in the area adjoining the colonies of NPCIL, then the
researcher would want to attract the attention of the authorities towards another ambit.
To lay down a brief picture, the drains were full of stagnant garbage and were a
breeding ground for mosquitoes and other infectious bacteria. Most of the paths
joining residential areas are badly smelly that a single sniff there is enough to burn the
hair of your nostrils. The idea behind portraying this picture is to make the authorities
think more cautiously about the ways in which such funds must be used, so that the
amount actually spent is able to bring positive changes in the living conditions of the
people.

The researcher proposes for a continuous functional „cleanliness drive‟ which

will also find consonance with the „Swatch Bharat Abhiyan‟; such that a part of the
funds must also be used for creating awareness among the masses towards the
benefits of a clean lifestyle, so that the people get accustomed to living in clean and
healthy surroundings. It is a universal fact that, „factual behavioral changes are an
outcome of mental and psychological changes‟, which demands close and
uninterrupted co-ordination between awareness and policy. It must be kept in mind
that the SC has held in Bandhua Mukti Morcha v. Union Of India and others,12that
right to a dignified human life as contained in Article 21 also includes the right to a
healthy life.

Besides all, at the end of the day, if ever a tragedy takes place, all that the
victims will have left in hands is their right to claim compensation, irrespective of the
appropriateness of the amount or the delay in its proper execution.

Cost Effective but Non-renewable Energy Source

Leaving aside its initial cost, including the cost of land-in compulsory
acquisition, construction, building, etc. nuclear is a cost effective mode of energy
generation in terms of per unit production cost of electricity. However, considering
the huge expense involved in its construction, operation, equipment, safety, security,
transportation and finally during its decommissioning, reliance can even be placed on
other modes of energy generation. Also considering the limited amount of Uranium

12
(1984) 3 SCC 161, Decided on December 16, 1983 by P.N. Bhagwati, R.S. Pathak and
Amarendra Nath Sen (JJ)

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reserves in our country, and then resorting to foreign lands for the supply of Uranium,
is only going to increase the national debts. But the abundant presence of thorium in
India can be an answer to this problem. Developing indigenous technology for
exploiting thorium and using it as a raw material for the generation of electricity, will
not only answer the increasing the Uranium needs of the country, but will also help in
further reducing the cost of electricity.

Critical Analysis of the Bhopal Gas Leak Tragedy Compensation Verdict

The researcher is of the opinion that the amount decided in the Bhopal Gas
Leak Tragedy case i.e. US $ 470 million was not an adequate and justified amount of
compensation. First of all, it must be kept in mind that the incident took place in 1984
and the compensation was decided in 1990 i.e. approximately after a gap of five long
years. According to the researcher the courts already had enough time in between to
access the magnitude of destruction that had resulted from the leakage in this time
span and also the possible devastation that would continue. It is pertinent to note that
the Madhya Pradesh government maintained once before the Madhya Pradesh District
Court that the claims would exceed US $ 3 billion; but to everyone‟s shock an year
later it settled it for merely US $ 470 million i.e. 750 crore at that time. 13 It is
noteworthy that in an intervention before the SC, the claim filed by victims was
Rupees 1,000 crore i.e. around US $ 628 million. The estimates of damage by
independent experts were even far higher. It is established that at the time of
settlement more than 6,00,000 compensation claims had been filed. Not only this,
there is another case, where compensation was given for the retribution of loss to the
environment.

Critical Analysis of the compensation amount awarded in the TN Tanneries

case14

Considering that leather industry is one of the major foreign exchange earners
& that leather industry of Tamil Nadu contributes approximately 80% of country's
export, the Hon‟ble SC in TN Tanneries case did not order for the closure of the

13
Available at: amnesty.org/download/Documents/96000/asa200152004en.pdf (Visited on October
16, 2019)
14
Vellore Citizens Welfare Forum v. Union of India & others, AIR 1996 SC 2715, Decided on
August 28, 1996 by Kuldip Singh, Faizan Uddin and K. Venkataswami, (JJ)

347
tanneries. LEA estimated the compensation amount at Rs.26.82 crores to be paid to a
total of 29193 people. Calculating this amount it results out to be merely Rs.9187 per
person. It is pertinent to know that the effluents from such tanneries have water
contaminating ability such that if this kind of water is consumed continuously, it may
have fatal effects. Further, the method of chrome tanning is very dangerous as heavy
metal if it happens to penetrate through the skin it has the capacity to cause prostate
cancer & kidney failures.

Now the question that arises is, was this an appropriate amount of
compensation? The reason behind this question is not only to judge the
appropriateness of the amount but its main objective is to analyze the methods used to
calculate & assess the quantity of harm caused or likely to be caused. This question
remains the same in the present context where we are deliberating upon the
appropriateness of the method used to decide the quantum of compensation as
contained under the provisions of the CLND Act.

Critically Analyzing the CLND Act since its Inception

Keeping in mind the past incidents like the Bhopal Gas Leak Tragedy and
nuclear incidents like the TMI and Chernobyl, the Indian Government was hovering
since long for the adoption of some legal policy to answer the issues of liability and
compensation. The signing of the Indo-US Civil Nuclear Agreement in 2008
mandated the requirement of a civil liability law. This resulted in the enactment of the
CLND Act, considered as one of the most comprehensive legislations till date,
appropriately equipped to answer most of the questions pertaining to compensation
matters in case of the happening of a nuclear disaster. It is important to note that
though India‟s Civil Liability Law is mostly founded on the provisions of the Paris
Convention and the Vienna Convention, yet India is not a signatory of any of those.
This Act not only casts a strict liability on the operator of the NPP but also obligates
the government to bear the cost of the accident in case of an „Act of God‟. Though the
CLND Act is much appreciated yet there are some aspects that had been rising since
the very introduction of the CLND Bill in the Lok Sabha, that need to be studied and
discussed at length.

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 While the CLND Bill was pending before the Parliament for discussions, it
was strongly opposed by the then BJP government.15 Mr. Yashwant Sinha argued that
this Bill is violative of the provisions of Article 21 and Article 14 of the Constitution,
which guarantee the right to life and personal liberty, with the right to equality. He
based his argument on the point that under the Price-Anderson Act16 of USA
(hereinafter referred as Price Act), the liability fixed in case of a Civil disaster is
$12.5 billion which comes out to be approximately Rupees 50,000 crores (according
to the then prevailing values of dollar), while the liability fixed under the CLND Bill
is approximately rupees 2,142 crores, nearly 23 times lower than the liability fixed
under the Price Act. This argument forces the researcher to arrive at a result that the
life of an American is valued 23 times more than the life of an Indian.

Some other political parties from the left wing also contended the Bill and its
liability clause.17 According to them the total liability fixed at Rupees 2,142 crores
(approximately) was not imposed solely on the operator of the nuclear installation,
instead the provision under the Bill meant that out of this total Rupees 1,642 crores
shall be borne by the government, while the left out amount from the total liability i.e.
Rupees 500 crores shall be borne by the operator. This means that out of the total
compensation it is even less than one-fourth of the amount which shall be borne by
the operator. It is note-worthy that the CLND Act also fixes a no-fault liability on the
operator.

During the pendency of the bill, the Standing Committee on Science &
Technology, Environment & Forests was called upon to analyze the bill and submit its
report. In its report, while analyzing the appropriateness of the amount of liability that
was fixed on the operator, the committee recommended for increasing the amount
from Rupees 500 crore, stating that fixing an inadequate amount may result in the
marginalization of the safety parameters by the operator.18

15
PTI, “We will never accept Nuclear Liability Bill: BJP” The Hindu, March 15, 2010; TNN,
“Nuclear Liability Bill: Foreign operator to pay just Rs 500 cr for nuclear accident?” The
Economic Times, March 15, 2010
16
Available at: https://inis.iaea.org/collection/NCLCollectionStore/_Public/31/051/31051426.pdf
(Visited on November 10, 2019)
17
PTI, “Nuclear Liability Bill faces fresh hurdles from BJP, Left” The Economic Times, August 22,
2010
18
Available at: prsindia.org/uploads/media/Nuclear/Civil%20Liability%20for%20Nuclear%20Damage
%20Bill%202010%20-%20SCR.pdf (Retrieved on December 13, 2019)

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CLND Act and Operator Liability

In India, the sole authority responsible for carrying out the activities related to
the establishment and operation of NPP‟s and other nuclear facilities is NPCIL. And
as studied earlier, NPCIL is a public sector company, wholly owned by the GOI and
functioning under the administrative controls of DAE. That means, in the eventuality
of the happening of a nuclear accident, it is the GOI who shall be responsible for
resolving the issues concerning the payment of compensation.

Thus, a closed analysis of this whole story suggests that at the end, the whole
compensation amount, whether appropriate or inappropriate, it is to be paid either
directly or indirectly, by the GOI. And it is the bitter truth of our system, that any
payments made by GOI means payments actually made by the taxpayer.

Nevertheless, the operator has the option of using the right to recourse against
the supplier, under the provisions of Section 17(b) of the CLND Act, for the amount
of compensation actually paid by him. True; but the limitation attached with this right
is that it is only the operator who can avail this right provided that there was an
express contract to that effect between the operator and the supplier. Anyhow, still the
point is, what about the amount that will be paid by the GOI as compensation. The
central government does not have any such right of recourse against the supplier.

CLND Act and Supplier Liability

Thought in the ordinary sense, a supplier means a manufacturer or supplier of

the equipment, machinery or any other component; however, for the purposes of
making the supplier liable under this law, it is important that he must be working on
functional specifications and not engineering drawings, where the operator provides
all the details relating to drawings, designs, quality controls and operations. Where the
supplier is only working on engineering designs, the law completely absolves him of
any liable, stating that he cannot be made liable only for the fact that he had provided
his services for the manufacturing of the supplies.

Some thinkers also allege that fixing a different amount of liability upon the
suppliers, in case of a nuclear disaster is unequal. However, looking at the past
experiences, this inequality seems justified. To recall, the Bhopal Gas Leak Tragedy

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of 1984 was partially the outcome of the defective parts in the operating unit. Also,
the nuclear accident at TMI was the result of lapses on the part of the suppliers. Not to
experience the same again, the liability is cast at a higher side so as to force the
suppliers and the operators to use care of the highest degree, during the supply and
operation of NPP‟s.

Some studies also state that Section 17(b) of the CLND Act which provides
for the right of recourse against the supplier is contradictory to international
conventions like the CSC, to which India is a signatory; as under the CSC, such
liability is exclusively channeled upon the operator. Though the step of the Indian
legislature, bringing suppliers with the ambit of liability was an amply good decision,
as far civil liability and accountability for quality of the equipments supplied was
concerned, it is however opined that the nuclear insurance pool has brought back all
the liability on the government.

CLND Act and the Nuclear Insurance Pool

As studied section 7(2) of the CLND Act empowers the Central Government
to create a fund called as the Nuclear Liability Fund, with the purpose of helping the
government meet its liabilities in the eventuality of a nuclear disaster. The whole
amount of the fund is to be charged from the operator. First of all, the provision
relating to the charging of the fund from the operator seems ambiguous in the Indian
context since, the operator in India i.e. NPCIL is a wholly owned government
Company. Thus it will result into the government funding itself.

However, under these provisions, M/s General Insurance Corporation of India

(hereinafter referred as GIC-Re) along with 11 more non-life insurance companies
from the public sector, launched the nuclear liability fund under the name of India
Nuclear Insurance Pool (hereinafter referred as INIP) on June 12, 2015.19 The purpose
is to provide insurance to cover up the liability set under the CLND Act, so to be able
to answer the liability concerns of the suppliers. Announcing this Scheme, the then
Minister of State in DAE, Mr. Jatinder Singh showed a sign of relief when he stated
that the completion of some projects like the GHAVP which was pending since long

19
Available at pib.gov.in/newsite/printrelease.aspx?relid=137276 (Visited on 09-12-2019)

351
for the lack of willingness by domestic and foreign suppliers to supply components
for NPP‟s, shall be completing soon. He added that the suppliers wanted exemption
from the nuclear liability law which subjected them to unlimited nuclear liability. 20 It
is anticipated that this setup will pave way for more participation by domestic and
foreign suppliers in the growth of Indian NPP‟s.

The question that the researcher poses here is: what is the reason behind the
suppliers being horrified by the provisions which make them liable? The only answer
that would possibly strike any mind is regarding the safety of the material, the
equipment or the technology that is being supplied by them. The researcher is unable
to understand that why is the government believing in the suppliers who claim that
their reactors are 100% safe without considering their fears of being accountable for
liability. It points towards their lack of confidence in the safety of their own reactors.

While the researcher was collecting data, this issue specially came up in
discussions with many economic experts who felt that the creation of INIP would
have undoubtedly fastened the process of the construction and completion of the
NPP‟s under progress, but on the same time they showed concerns for the safety and
well being of the masses. A renowned economic expert and academician pointed out
that such escape from liability may result in lack of care and caution in the
manufacturing and operation of the equipments related to NPP‟s. Stating this, it was
further suggested that, instead of absolving the supplier from liability, it would be
better to make such provisions which warrant timely checks and scrutiny by the
supplier of the equipment supplied by him. By this the supplier can ascertain that the
supplies are being used as per its instructions and under the safety parameters, so that
if the supplier is of the opinion that the operator is not using the supplies as desired,
and such use may possibly lead to an accident, in that case the liability for the
resultant damage may be shifted on the operator. However, the idea of completely
absolving the supplier (whether domestic or foreign) is not really welcomed by the
experts.

Though originally it is a Rupees 1,500 crore (approximately US $234 million)

insurance pool; however, it is anticipated by the insurers that considering the high

20
Indrani Bagchi, “Nuclear Liability Law boomerangs, spooks domestic suppliers” Times of India,
September 22, 2014

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intensity safeguards & technology and the lowest rate of nuclear accidents worldwide,
the premium would be ever building and the pool would be growing. 21 Some studies22
also reveal that the main reason behind the introduction of INIP was to give a
breakthrough to the implementation of the Indo-US Civil Nuclear Deal.

CLND Act and Criminal Liability

As far as the provisions of Section 46 are concerned, the law could be better
clarified by providing an explanation to the impugned section, stating that the claims
hereunder shall only be limited to criminal liability. This explanation clause shall
serve a dual purpose: firstly, it will reduce the number of litigations coming to civil
courts for claiming damages under the law of torts; as the claims for civil damages
shall be dealt only under the provisions of the CLND Act, and secondly, it will also
give a sign of relief to the supplier, who is under the impugned section made liable to
unlimited amounts of liability.

Criterion for deciding the Amount of Compensation

Various parameters have to be kept in mind while deciding the amount of

compensation. It is comparatively easier to quantify the loss of property as the market
value of property can be taken as the bottom line. The loss of business must also be
considered, a can be judged on the basis of the time span for which the business is
affected or is presumed to be. The loss can also be psychological and result in
physical discomfort and mental trauma, especially due to compulsory evictions in the
course of disaster management techniques deployed during such catastrophes. The
calculation of value of life is quite difficult, because the value of an individual‟s life
cannot be quantified.

In the context of the above conclusion, the researcher puts forward the following
suggestions.

1. Resort to Generation of Solar Energy

Considering the present global trends, the researcher agrees with the fact that
it is highly and promptly needed to increase the electricity supply in the country

21
Shilpy Sinha, “GE Westinghouse keen to take nuclear insurance from Rs. 1,500-crore pool” The
Economic Times, June 12, 2017
22
Rakesh Sood, “Looking beyond Nuclear Liability” The Hindu, March 16, 2015

353
double or triple fold for the maintenance of sustained economic growth. Though
generation of electricity through nuclear is highly recommended as a cost effective
mode, yet the researcher opines that considering the huge amount of its establishment
cost and the possible devastating effects in case of leakage; trending towards the
adoption of solar energy could be a safer alternative, especially considering the large
number of high duration sunny days in the country. It is also pointed out that the
adoption of solar energy would also answer the world‟s concern on the release of
green house gas emission s form the burning of oil, coal and natural gas, as it does not
emit out any form of carbon particles of fumes, and offers clean, inexhaustible,
climate friendly energy resource. Reliance may be placed on the activities performed
in Punjab towards the promotion of solar energy.

Solar in Punjab

In Punjab, Punjab Energy Development Agency (hereinafter referred as

PEDA) is a state nodal agency working towards the development of energy
conservation programmes and renewable energy programmes. Amongst its various
objectives and responsibilities, PEDA is extensively working for the promotion and
development of „Roof-Top Solar Photo Voltaic Power Plants.23 In this process the
eligible consumes are allowed to install a roof-top solar system of the net metering
system. In this system, the electricity which is generated from the installed roof-top
system is firstly used by the roof-top owner to meet his internal electricity needs and
the electricity generated in excess is fed into the grid on the basis of net- metering
system. This system allows the roof-top owner to save on the power that he has
consumed from the grid, to the extent of solar power generated.

2. Continuous and regular health assessment

As far as impact on health is concerned, it has always been alleged by all the
NPP operators that the radiological releases from the NPP‟s do not leave behind any
adverse impacts on health of the general public, the plant workers and the whole
environment at large. However, the residents allege that they have been observing
changes in the health pattern of the local residents of the area. Also, several

23
Available at peda.gov.in/main/pdf/notification-net%20metering.pdf (Visited on 12-12-2019)

354
organizations have reported on the impacts of the Chernobyl accident on the health of
the people. As far as Chernobyl was concerned, there were problems assessing the
significance of their observations because of the lack of reliable public health
information before 1986. It is whereby recommended that since the NPP at
Gorakhpur, Fatehabad is still under construction and there is some time in its
commissioning, the government, the health departments and some non-governmental
health based institutions must start preparing a detailed health analysis, based on
surveys regarding the kind of health problems faced by the people in the area. This
will be helpful in studying the changes in the health pattern of the people by
conducting similar surveys at regular intervals, post commissioning of the NPP. Any
changes in the health pattern of the residents may then be studied and their possible
causes.

Also, since that UCIL asserts that the prevalent diseases in the villages of
Jadugauda area are due to malnutrition, malaria and unhygienic living conditions
etc.24 the researcher promotes that just as NPCIL is carrying on various CSR
programmes for the betterment of the health of the people in the areas of the NNP‟s,
so should UCIL under its CSR scheme, undertake to uplift the health of the people by
raising their education and awareness towards hygiene and nutrition.

3. Emergency Training Programmes for Local Residents

Another aspect which needs to be discussed is the emergency training of the

workforce working in the NPP‟s of NPCIL and the local population of the area who
would be the most affected in the case of the happening of a nuclear accident. In this
context, though AERB and NPCIL are paying much attention on the technical training
of its workmen, yet the researcher wants to propose emergency training programmes
to be carried out by NPCIL, for the local residents of the area, to make them aware of
their modus operandi in times of a nuclear emergency. This can be done as part of its
emergency preparedness policy and CSR policy.

Further, the researcher is of the opinion that if such programmes are scheduled
and brought forward by NPCIL with the local masses, it will serve a dual purpose.

24
Myth of UCIL, available at: http://www.ucil.gov.in/myth.html (Visited on January 19, 2019)

355
Firstly, such programmes will increase interactions between the officials and the local
population, thereby increasing their confidence in the mechanisms adopted by NPCIL
and their safety initiatives. Secondly, such programmes will provide basic training to
them, which can be appropriately used in case of the occurrence of an emergent
situation.

4. Commission on Nuclear Safety

Though we have nuclear safety guidelines and documents relating to the safety
of NPP‟s, yet despite the fact that we have 17 operating NPP‟s in India, the country
still doesn‟t have any such autonomous body to look into the functions of the NPP‟s
from the angle of safety and with the aim of controlling its activities. Considering the
prerequisites of safety, health, security and environmental stability, the researcher
proposes for the establishment of Nuclear Safety Commission of India (hereinafter
referred as NSCI).

The NSCI shall be a permanent body with elected members from amongst the
members of the AERB, DAE, BARC, NPCIL, representatives of the suppliers and the
masses; and Experts-not associated with any of the earlier categories, but people
belonging to the class of academicia and intelligentsia in the field of science,
technology, health, law and environment. It shall have powers to make independent,
fair and transparent decisions on the activities of NPP‟s. The NSCI shall report its
findings to the House of people during its session, which may be read and accordingly
deliberated upon. The NSCI shall also have the power to receive and hear complaints
from the public and the employees of the operators. If the complaint is of a grave
nature, such that it involves issues relating to the safety of the people working in the
NPP or living in the vicinity of the NPP, it may even arrange for conducting proper
inspections on-site. If the complaints are proven right, it shall have the power to
cancel the license of such an operator and may call reasons for not cancelling it. The
decisions of the NSCI can only be called in question in a review petition to the SC.

5. Establishment of a Permanent Deep Geological Repository

Safe disposal and storage of spent fuel and high level radioactive waste, has
always been a concern. Considering the pace with which the government is favoring

356
the setting up of new and new NPP‟s at various locations throughout the nation, the
setting up of a permanent DGR is highly recommended. America‟s example of
withdrawing to set up a DGR at Yucca Mountains is often quoted, yet considering the
physical geography, climate and population density of our country, it is recommended
that the nation must take a serious note of this issue. Also considering the political
geography of the nation, being surrounded by rival nations, the setting up of such a
facility would also reduce the possibilities of any political thefts or sabotage to the
spent fuel, enough potent to be used in the manufacturing of dirty bombs.

6. Safeguards to be followed after a nuclear accident

Considering that besides all safety measures, since the prevention of a nuclear
accident cannot be guaranteed, and also considering the pace with which the
government is keen on promoting the setting up and operation of new NPP‟s in the
country, it must be made obligatory by the government to run the following awareness
programmes. These few suggestions may not help in preventing the accident, but may
help in lowering the level of panic in the people and consequently will also help in the
prevention of radiation exposure.

a) Proper announcements must be made in the public domain in case of

radioactive releases, if they are measured to be more than the safe limits.

b) The people should be made aware that they should try to keep themselves safe
within their houses or other enclosed buildings, to possibly reduce the intake
of contaminated air and radiations.

c) People should be advised and guided to take the prescribed dose of iodine
tablets (non-radioactive iodine), so that the thyroid gland becomes incapable
of absorbing any more radioactive iodine, released in the atmosphere due to
the accident.

d) The government should make sufficient arrangements for the free of cost
delivery of iodine tablets to the inhabitants of the area in the eventuality of
such an incident.

e) People must be made aware about the non-consumption of certain types of

fresh foods and fresh water, because radiations contaminate these things
readily and up to different levels.

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7. Interim relief under CLND Act

One of the shortcomings as were envisaged by the expert Committee on

Subordinate Legislation (2011-2012)25 was regarding the absence of any provision
providing for interim relief to the victims of the nuclear accident. When questioned by
the committee, the Secretary DAE stated that since the total time prescribed for the
disposal of claims related to damages in case of a nuclear disaster is fixed at not more
than 3 months, so any additional provision providing for interim relief will slow down
the process of the disposal of applications.

The committee has however recommended that since the claimants can go for
a review petition regarding their claims to the HC or SC; in such an eventuality, the
claim decided by the commission should be disbursed immediately and be treated as
an interim relief.

Despite this, considering the pace-of the system- with which the damages/
compensation are being paid in India, (the case study of Bhopal Gas Tragedy) the
researcher wants to propose a different mode of interim relief. Not absolving the
Central Government, the operator NPCIL or the supplier from their responsibility; but
bearing in mind that the victims are the residents of a particular State, the researcher
wants to alarm the respective State Government‟s, who should be made responsible
for providing some urgent relief to the victims of the anticipated catastrophe. It is
opined that it should be the first hand responsibility of the concerned State
Government to make arrangements for necessary rehabilitation of the victims at a
remote place (keeping in mind the safety and health of the victims and the other
residents of the area), which is completely free from the side-effects of radiations, etc.
The choice of the place must be made beforehand, as part of the emergency
preparedness system, because such accidents come without ringing the door bell.
Further, the rehabilitation must necessarily and compulsorily be equipped with
adequate health care facilities for the victims, along with modes of compulsory
education for the children and decent work avenues for the working class.

25
Report Available at indiaenvironmentportal.org.in/files/SC-report-on-Rules-for-CLND.pdf
(Visited on 17-10-2019)

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8. Radiation Detection Device

Detection of a radiological threat in the public domain brings in the early

involvement of the local peace keeping units like police and Territorial Army. They
are the first ones to reach the probable site for making explorations and investigations.
This situation makes it imperative that there must be the availability of some such
instrument, which has the capacity to access the quantity of radiations beyond
permissible limits, if they are present in the area. Further, assuming least possibility of
such a situation, it is imperative to regularly check the proper working of the
instrument, to avoid its breakdown in an actual emergency.

9. Continuous Skill Improvement

Looking at the intensity of the nuclear accidents till date, it is safe. But it is
only relatively safe provided be stay extremely careful. Safety in nuclear industry
requires continued human excellence. No doubt, the present day technology in used in
India for running NPP‟s is much better than the old age technology used in case of
Chernobyl, TMI or Fukushima, yet it is vehemently proposed that the sensitivity
connected with the technology needs its continuous improvement. We thus need to
have highly qualified engineers, technologists and energy officials to monitor the
defects and problems at the early age.

10. Regular Drills with Local Inhabitants

Though there are some initiatives that have been taken at school levels to
instruct children about the kind of safety measured to be adhered to in times of
different emergencies like earthquake, fire, etc., but after visualizing the level of
awareness of the respondents at Rawatbhata, regarding their tentative plans of action
in case of a radiological emergency, it is humbly suggested that basic emergency
preparedness and response techniques needs to be better taught. It can be achieved by
conducting regular and informed drills, which will help serve dual purpose:

1. Will make the authorities aware about the actual techniques and steps being
taken by their employees and emergency workers, so as to gain confidence in
their procedures so as to prevent another Chernobyl; and

2. Will make the authorities and the state machinery aware about the practical
problems faced in carrying out evacuation activities, especially considering the

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 population density of the area, the available transportation, medical
infrastructure, etc.

Further such task shall also prove beneficial in understanding the kind of
mental and physical havoc in the public that would presumably generate in the event
of such an emergency.

11. Strict Punitive Provisions for Perpetrators

Considering the level of corruption and the kind of functioning of our

bureaucracy, especially keeping in mind the incidence at Fukushima, where lack of
proper decision making resulted in the increased disaster, strict punitive provisions
must be made to deal with the offender. Believing that „Justice must not only be done,
but it must be seen to have done‟, the amount of punishment in terms of deterrence
must correspond with the level of authority the culprit possesses.

12. Save electricity and Subsidies in Electrical Equipments

Not only as a researcher, but in the capacity of a responsible citizen, it is

humbly suggested that the energy needs of the country can possibly be answered to a
great extent with the use of safer and more cost intensive technologies for energy
generation, provided that the system and enforcement agencies become more vigilant
in reducing inefficiencies of power plants, losses during transmissions, and by
resorting to strict enforcement of sanctions in case of electricity thefts.

Not only this it is also suggested that just like the government has provided
subsidies to the people in LPG, similarly the government can provide subsidies in the
purchase of high staring like 4-star or 5-star rating electronic equipments, which help
in reducing the consumption of electricity to a great extent. Looking at the high cost
involved with the setting up of a single NPP, if the same amount is spent in providing
subsidies to the people in purchasing high star rating equipments, the consumption of
electricity would reduce tremendously. Also it is felt that the cost of a single NPP
would be a sufficient amount for years providing such subsidies for years together.

13. Awareness Enhancement Programmes

The analysis of Question 4 of the general questionnaire and of Question 2 of

the Experts Questionnaire shows that there is very little awareness among the general
public including experts, about the various uses of nuclear material, nuclear energy

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and nuclear radiations. Further recording of responses in „Can‟t Say‟ shows that there
is uncertainty in the perceptions of the masses, which in turn depicts lack of
knowledge about the various issues associated with nuclear energy. Thus, considering
that knowledge changes and develops the perceptions of the people, and if the
government maintains its stance of its continued adoption, it is proposed that there
must be some basic education on nuclear, it uses and it‟s Pros and cons in the form of
a chapter included in the school level curriculum of Basic Sciences and
Environmental Sciences.

To sum up, the overall analysis on various aspects pertaining to uranium

mining, nuclear safety and security, disposal of nuclear waste and its management,
non-proliferation, etc. suggests that nuclear energy as produced is one of the most
effective and safe modes of energy generation. However, a combined analysis of all
the results achieved in empirical study, shows that besides the fact that respondents
consider use of nuclear energy safe and an answer to India‟s growing energy needs,
which can lead to an increase in the economic growth and employment generation,
still when the question comes regarding the construction and setting up of a NPP in
their area, the reluctance shown by majority of respondents, depicts that the people
are apprehensive of the effects of radiations and radioactivity, possibly taking into
account the history of the Chernobyl and Fukushima Daiichi nuclear disasters.

As far as liability in case of nuclear disaster is concerned, the comparative

study of the legal provisions pertaining at both international and national level, as
discussed in this research work, portrays that the Indian civil liability law is better if
seen from the view point of international regime especially with regard to supplier
liability and compensation amount.

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