Key features of SHANTI Act

Key features of SHANTI Act
  • Context:

  • The SHANTI Act, passed in the Winter Session of Parliament, marks a significant shift in India’s nuclear energy policy.

  • It opens the nuclear power sector to private entities and fundamentally alters the liability framework established under the Civil Liability for Nuclear Damage Act (CLNDA)

  • Key Features & Liability Structure:

  • The Act ends the Union government's exclusive control over the sector, allowing private entities to operate nuclear power plants.

  • A critical departure from the original CLNDA is the indemnification of suppliers.

  • The Act protects suppliers from liability in the event of a nuclear accident caused by defective equipment or services.

  • The Act places a "cap" on the financial liability of operators in case of a disaster.

  • The operator’s liability is capped between 100 crore for small plants and 3,000 crore for the largest plants.

  • It omits the “right of recourse” that allowed operators to sue suppliers for accidents caused by defective equipment.

  • The legislation limits the legal avenues available for victims to seek remedies and compensation following a nuclear incident.

  • Concerns Raised:

  • Cap on Liability:

  • This cap is criticized for being far lower than the potential damages seen in major global accidents like Fukushima and Chernobyl.

  • Private nuclear operators might have faced adverse financial consequences in the absence of such a cap.

  • Moral Hazard:

  • By capping liability and indemnifying suppliers, the Act creates a "moral hazard."

  • It reduces the financial incentive for the industry to establish resilient, safe plants, as they do not bear the full cost of a potential disaster.

  • Safety Accountability:

  • Critics argue that allowing private corporations to profit from commercial opportunities (like the costly Westinghouse AP1000 reactors) without facing consequences for accidents compromises safety and accountability.

  • Significance of Nuclear Energy in India:

  • Nuclear energy has accounted for only about 3% of India’s electricity generation for decades.

  • 2.6 GW by the year 2000

  • 6.78 GW in 2020