Legal and Regulatory Challenges for Promotion of Civil Nuclear Energy in India

Abstract

The Indo-US civil nuclear energy cooperation initiated in 2005 was successfully concluded in 2008 with the NSG (Nuclear Suppliers Group) waiver to India and final approval by the US Congress. These approvals allowed India to enter into international civil nuclear trade and commerce after almost three decades of international nuclear isolation. In order to be part of the international nuclear community, India agreed on a separation plan to bifurcate its combined nuclear energy programme into independent military and civilian facilities. As a result of this separation plan, all civilian facilities will be subjected to India-specific IAEA (International Atomic Energy Agency) safeguards, whereas military facilities will continue to be free from any such safeguards (IAEA 2008). This arrangement is, in a nutshell, the benefit accorded to the NWS (Nuclear Weapons State) under the NPT (Nuclear Non-Proliferation Treaty) system.

Keywords: nuclear energy in India, nuclear law and policy, private participation in nuclear energy, India-US Civil Nulcear Agreement, IAEA India Specfic Safeguards