INDIA'S SHANTI BILL AND THE FUTURE OF NUCLEAR LIABILITY: CONVERGENCE, COMPROMISE, AND CONTINUING CONCERNS

Mehrotra, Abhinav and Gupta, Biswanath (2026) INDIA'S SHANTI BILL AND THE FUTURE OF NUCLEAR LIABILITY: CONVERGENCE, COMPROMISE, AND CONTINUING CONCERNS. The Daily Guardian.

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Abstract

The SHANTI Bill signals a conscious move towards a more conventional model, reflecting the realities of nuclear commerce while raising important questions about victim protection, state responsibility, and the future trajectory of nuclear governance.

The introduction of a tiered liability structure, under which operator liability caps vary depending on the size and nature of the nuclear installation, brings India closer to international trends seen in regimes influenced by the Vienna and Paris Conventions. In doing so, India enhances investor certainty and predictability in its nuclear energy sector.

Perhaps the most significant reform is the removal of the statutory right of recourse against suppliers. This shift reflects an acknowledgment that nuclear energy, cannot thrive under legal uncertainty that disproportionately burdens suppliers. The SHANTI Bill thus revives an enduring debate in nuclear liability law: should economic feasibility take precedence over broader notions of distributive justice and deterrence?

Item Type: Other
Subjects: Social Sciences and humanities > Arts and Humanities > Arts and Humanities (General)
Social Sciences and humanities > Arts and Humanities > History and Philosophy of Science
Physical, Life and Health Sciences > Engineering and Technology
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Gautam Kumar
Date Deposited: 06 Jan 2026 09:34
Last Modified: 06 Jan 2026 09:34
URI: https://pure.jgu.edu.in/id/eprint/10613

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