NUCLEAR LAW

WHAT IS NUCLEAR TECHNOLOGY

Nuclear technology is technology that involves the nuclear reactions of atomic nuclei.
Among the notable nuclear technologies are nuclear reactors, nuclear medicine and nuclear
weapons. It is also used, among other things, in smoke detectors and gun sights.

NUCLEAR LAW MEAN - Nuclear law is the law related to the peaceful uses of nuclear
science and technology. Nuclear energy poses special risks to the health and safety of
persons and to the environment, risks that must be carefully managed.

-----The Constitution of India was formed by analyzing many laws followed in different
parts of the globe. Similarly, in the case of the Indian Nuclear Law, we can see the
influence of international law as they are derived from the customary practices of
international law. Nuclear Law in India is also inspired by international law, that is, India
also has certain customary principles.

In matters related to the safety and liability of nuclear weapons and other nuclear items,
there are several treaties and legal instruments that fight against nuclear weapons and
bring sustainability to this world. The customary principles bind the states with formal
obligations to focus on outcomes that are not harmful and gives responsibility to the state
to reduce pollution and focus on the effective precautionary principles.

These principles mainly focus on the procedure, i.e., it has the duty to notify,
negotiate and consult people in decision making. Along with the substantive and
procedural principle, it also focuses on subsidiary principles of customary law, i.e., the
principle of prevention, the principle of precaution, the principle of protection, and
addressing the threats like pollution.

Constitutional Provisions
The constitution is considered as the supreme power and law. It enhances the fundamental
rights of people and protects the interests of the people. The constitution is bound to
protect the people from any threat including the nuclear threat.

The Constitution of India encompasses several articles that deal with International Law –

 Article 51 – This article promotes International Peace and Security. It maintains the
relationships and fosters respect for other nations, i.e., international law and treaty
obligations. The most common mode of settlement in case of dispute is arbitration.
 Article 53 – This article states that the union has the Executive Power exercised by
President directly or through his subordinate officers.
 Article 73 – The executive power of union gives parliament the right to exercise powers in
decision-making according to Constitution.
 Article 253 – According to this, the Parliament has the power to make law for the entire
country or any territory of India in matters of agreements or treaties at International
Conferences, Associations or other bodies. Unless the parliament passes it, the treaty
cannot become law of the land.
 Article 372 – This article sustains pre-constitution laws in force until it is amended,
repealed or altered. If the law is unconstitutional, it is considered void.
 Article 246 – This article provides power distribution between state and centre.
 Article 249 – Empowers Union to legislate in the State list due to national interest.
 Article 252 – Parliament has the power to make legislation for the state on behalf of the
state concerned by consent.

As to safeguard and sustain earth from getting exploited as the activities impact world as a
whole; there are a number of acts implemented. These acts include The Atomic Energy
Act, Civil Liability for Nuclear Damage Act, Radiation Protection Rules, and many more.

International Law Perspective

For nuclear safety and precautions, The International Atomic Energy Agency (IAEA) has laid
down principles for all its member states. These include:

 Safety Principle
emphasize standards of safety and minimizing exposure to radiation. The two subsidiary
principles under this principle are –

 Prevention and Protection Principle – This principle is laid down to protect people
through the method of prevention by increasing the standards of safety for radiation
protection and handling the radioactive materials, waste disposal, and installations.
 Precautionary Principle – This principle emphasizes precaution to avoid harm and the
main priority is to protect the public and environmental health.

 Permission Principle
While performing any nuclear activity prior permission is required and to get the permission
one should actually prove that there is no serious threat or injury to persons or the
environment while doing these activities.

 Security Principle
This principle suggests the legal inclusion of provisions related to accidental and intentional
radiation that is considered a threat to human life and property of the people. These legal
provisions are precautions against the illegal accusations of nuclear materials.

 Continuous Control Principle

While performing nuclear activities, there should be continuous monitoring and safety
advice providers for reviewing the safety practices for the installation and base disposal site
and provide reassurance with safety inspection.

 Sustainable Development Principle

As there is a possibility of facing major problems during the nuclear activity due to some
fossils being highly radioactive, it can lead to environmental and safety risks for a very long
period.
 Responsibility Principle
The principle on non-discrimination and equal access to nuclear resources also has its own
risk as to who takes the responsibility for the after effect. This principle facilitates trans
boundary proceedings.

 Compliance Principle
While conducting a nuclear energy activity there is a risk of contamination by radioactive
particles over national boundaries. The international legal regime should provide as to what
extent a particular state has power.

 Compensation Principle
While conducting nuclear activities there is a higher risk of loss. To be more careful the
state should create a common scheme for loss distribution and focusing liability of the said
activity. It should also give compensation in these schemes.

 Transparency Principle
To enhance the public understanding and build confidence in technology in the public, the
media, and the legislatures should provide possible information regarding the risks and
benefits of using nuclear technology.

 Independence Principle
The authority on nuclear law is not supposed to be interfered with by the other branches of
the state and entities involved in the development of promotion of nuclear energy.

Conclusion
Nuclear energy is an area that is growing rapidly and over the decade, the world is facing
growing concerns about global warming. The Indian Nuclear Law needs to evolve with time
at the same pace as nuclear development. Even though our constitution has implemented
many statutes and various laws of international law, it still is not competent. It must also
include definitions of terms that are associated with the aspects of nuclear export-import
controls and activities and should not allow illicit trafficking or any malpractices in this
arena. The laws must be enforced with a clear procedural framework.