by DiaNuke.org |
SYNOPSIS
Nuclear energy is a form of energy that comes with the risk of catastrophic accidents. In the words of Justice V R Krishna Iyer, “Nuclear energy involves the potential for dangerous radiation, high cost generation and the use of delicate technology that could be disastrous… The diabolic, dreadful immortality of nuclear waste that can cause lethal radiation after two or three decades of the use of each nuclear plant represents the gravest crime against humanity.” Therefore the petitioner submits that a foolproof standard of safety is required while dealing with nuclear energy. As has been pointed out by the CAG and several experts including from within the establishment, India’s nuclear safety regulator AERB is body under the control of the very department it is supposed to regulate and merely acts as a rubber-stamping authority, thereby putting to grave risk the rights of the citizens under Article 21 of the Constitution.
The instant SLP is being filed challenging the decision of the Madras High Court dated 31.08.2012 in WP No. 22253 of 2012 giving a go ahead to the Kudankulam nuclear power plant without first ensuring that critical safety features (that the Government’s own expert task-force recommended) are put in place and in violation of AERB’s own undertaking on affidavit before the High Court in petitioner’s earlier writ petition. The said recommendations are extremely critical to the safety of the said plant and the plant could not be allowed to run for a day without adequate safety & backup features in place. Though the High Court in the impugned order stated: “It is the duty of the AERB to ensure that these requirements are complied with by the NPCIL(the operator of the plant),” but at the same time allowed the plant to go ahead even though many of the recommendations by AERB’s own admission would take 2 years to implement.
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