GS 2: PolityGS 3: Science & TechnologyGS 2: Social Justice

SHANTI Act liability absurdly low: plea in SC, Pg15

SC examines SHANTI Act's liability cap for nuclear operators amid concerns over right to life and private sector involvement.

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Key Highlights:

  • The Supreme Court is reviewing the SHANTI Act of 2025, which caps nuclear accident liability at under ₹4,000 crore.
  • A petitioner challenged the Act, arguing it allows private and foreign corporations to operate nuclear plants with limited liability.
  • The petitioner cited the Oleum gas leak case (1986), emphasizing higher compensation for hazardous activities.
  • The court questioned the challenge but acknowledged the sensitivity of the legislative policy.

Detailed Insights:

  • The SHANTI Act aims to promote nuclear energy by allowing private sector involvement, but its liability cap is under scrutiny.
  • The petitioner argues the liability cap is "absurdly low" to attract foreign investment, potentially compromising Article 21 (right to life).
  • The Oleum gas leak case established that companies involved in hazardous activities must provide greater compensation for accidents.
  • The court is considering whether the challenge is against foreign involvement in nuclear plants or the limited financial liability.

Key Concepts Involved:

  • Article 21: Guarantees the right to life and personal liberty, a fundamental right in the Indian Constitution.
  • Liability Cap: A legal limit on the amount of compensation a company must pay in case of an accident or damages.
  • Oleum Gas Leak Case: A 1986 Supreme Court case that set a precedent for compensation in hazardous industries.
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