Dynamics of legal regime on safety of nuclear power plants in India after Fukushima disaster

In view of the Fukushima disaster of 2011, it has become a necessity to review the legal regime pertaining to safety of nuclear installations in not only every country but also at the international level. Given the vast energy needs of India and abysmally low availability at present, diversification of different sources of power, including nuclear, is vigorously pursued. However, the legal regime in India is undergoing a challenge from the recent dynamics of international law regarding safety of nuclear power plants, regulatory institutions and transparency. The recent public protests at Kudankulaum and Jaitapur has shown that safety of nuclear reactors for the public and transparency in nuclear power activities are very important concerns. The higher judiciary has also tried to mantle this new approach by allowing some of the petitions filed by the members of civil society, including activists and by examining its merits and demerits. This paper attempts to examine the dynamics of national and international law on safety of nuclear plants as well as the issues related to regulatory institutions and transparency in nuclear power. In doing so, the paper analyses several issues of power structure within regulatory institutions, regulatory independence, peer review system in international law and its effectiveness, reservation to treaties, extent of revealing information related to nuclear activities, and reticence of the judiciary to examine scientific reports.