ask a Question on Nov 25, 2015

Q. What is the real meaning of "civil nuclear war act"?

Answer (1)

  1. Nov 28, 2015
    The world with rapid developments in different fields has come to a stage where the society is exposed to a lot of activities which are hazardous to the mankind. Nuclear energy is one amongst them which has the effect of the Damocles’ sword. However, the never ending human needs and the extinction of the non-renewable resources act as force majure for the society resorting to use of nuclear energy which casts a responsibility upon the user to take high standards of care so as to avoid any misfortune. However, practically, complete denial to any calamity would be equivalent to giving a false blanket of security vide historic and recent incidents of similar nature. In light of the same, along with sufficient precautionary measures, a mechanism to provide relief in the afterhours of the incident becomes the primary matter of concern. Considering all such circumstances at one platform, the legislature has come up with The Civil Liability for Nuclear damage Act, 2010 and has tried to incorporate the same reasoning by way of principles of liability and compensation in any such event against the user. Unfortunately, this legitimate attempt of the Legislature has backfired and has ended up in gross violation of several Constitutional and human rights which the Act otherwise sought to protect.

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