Question : Compensation for Nuclear Damages

Will the Minister of EXTERNAL AFFAIRS be pleased to state:

(a) whether the Government of India has ratified the Convention on Supplementary Compensation for Nuclear Damages (CSC) which requires India to declare that its national law is in compliance with the annexe to the convention;

(b) if so, the details thereof;

(c) whether India’s domestic law will prevail over CSC in case of a nuclear accident and in case of a conflict over CSC and the Indian law;

(d) if so, the details thereof;

(e) whether the Government has ignored this particular point while ratifying the CSC;

(f) if so, the details thereof; and

(g) the policy of the Government through which it will ensure that liability for latent and patent defects in supply will be specifically provided for, given the contradiction in the CSC and the Act?

THE MINISTER OF STATE IN THE MINISTRY OF EXTERNAL AFFAIRS
(SHRI M. J. AKBAR)

(a) & (b) Yes. India ratified the Convention on Supplementary Compensation for Nuclear Damage (CSC) on 4 February 2016.

(c) & (d) As stated in India’s Declaration on ratification of the CSC, India’s national law [Civil Liability for Nuclear Damage Act of 2010 (CLND, 2010)] complies with the provisions of the Annex to the CSC.

(e) & (f) Government has considered all pertinent factors before ratifying the CSC.

(g) There is no contradiction between CLND, 2010 and the CSC. Latent and patent defects are covered by Section 17(b) of the CLND, 2010. In June 2015, the India Nuclear Insurance Pool (INIP) was launched to provide both operators and suppliers a market based risk management mechanism to cover their liability risks arising out of CLND, 2010.