New petition in SC on Kudankulam

Yet another petition related to the controversial Kudankulam nuclear plant was filed in the Supreme Court on Monday by the Centre for Public Interest Litigation and E A S Sarma, a former government secretary. The new petition raises questions about the liability of Russian suppliers in case of any accident in the nuclear plant.

It is alleged in the petition that the liability in case of an accident is already minimal, and the government has exempted the Russian company collaborating with the plant from that also. The government has undertaken to foot the bill on its own.

The public interest litigation seeks a declaration from the court that the nuclear suppliers of the plant in Tamil Nadu would be bound by the principles of “polluter pays” and “absolute liability” in case of an accident and that the victims would be able to file cases for damages against the reactor supplier even if the government or its undertaking choose not to file for the same.

Alternatively, the petition seeks an order that the nuclear suppliers would be bound by the Civil Liability for Nuclear Damage Act, 2010, irrespective of any agreement or undertaking to the contrary. It contends that Rule 24 of the Civil Liability for Nuclear Damage Rules 2011 is unconstitutional.

The court is already seized of some other petitions related to nuclear liability. It admitted petitions on March 16 challenging the Constitutional validity of the Liability Act on the ground of violation of “polluter pays” and “absolute liability” principle. The court is also hearing a petition against the safety clearance given to the Kudankulam plant.