HUMAN RIGHTS VIS A VIS NUCLEAR TECHNOLOGY BY - MISS. DIPIKA SATISH GUPTA
“HUMAN
RIGHTS VIS A VIS NUCLEAR TECHNOLOGY”
AUTHORED BY - MISS. DIPIKA SATISH GUPTA
LL.M. 2ND, Sem-3, Roll No. 2023-2024
P.E. SOCIETY’S, MODERN LAW COLLEGE
Abstract-
Nuclear
technolog yis technology
that involves the nuclear reaction of atomic. Among the notable nuclear
technologies are nuclear reactors, nuclear medicine and nuclear weapons. It is
also used, among other things, in smoke detector and gun sights.
The human rights which are specifically
affected due to the nuclear technology includes the right to life, the right
not to be subject to inhuman or degrading treatment, the right to the highest
standard of health and to a healthy environment, the right to an adequate
standard of living, including the right to food and water.
A government commission that monitors
and enforces human rights in India has opened a probe into
allegations reported by the Centre for Public Integrity that
villagers living near government-run uranium mines and others living downstream
have persistently been exposed to high levels of radiation and suffered ill
health as a result.
CHAPTER 1
INTRODUCTION
Ø Nuclear technology vis a vis human
right-
The human rights which are
specifically affected due to the nuclear technology includes the right to life,
the right not to be subject to inhuman or degrading treatment, the right to the
highest standard of health and to a healthy environment, the right to an
adequate standard of living, including the right to food and water.
A government commission that monitors
and enforces human rights in India has opened a probe into
allegations reported by the Centre for Public Integrity that
villagers living near government-run uranium mines and others living downstream
have persistently been exposed to high levels of radiation and suffered ill
health as a result.
The New Delhi-based National Human
Rights Commission said it had opened the probe on its own authority after
reading the Center’s article about toxic leaks from the Jadugoda mining complex
in Jharkhand and its effects on “people, livestock, rivers, forests and
agricultural produce in the area.”
The commission said one of its
members, Justice Shri D. Mururgesan, had “observed” that the Center’s article
raises “a serious issue of violation of rights to health of the workers and
local residents, besides damage to the environment, flora and fauna.”
The Subarnarekha river is a major
river rising from the Chota Nagpur plateau of Jharkhand State, India. After
passing through Jharkhand state, the river enters the Indian state of West
Bengal, Orissa and finally falls into the Bay of Bengal. Jaduguda mine which is
the foundation on which the Indian nuclear fuel chain rests is situated at
Jharkhand state near the R. Subarnarekha course. In order to observe the
contamination effect of Jaduguda mine on the river, river water samples had
collected from nine different locations along the path of the river and
measured alpha activity in those samples. High level of alpha radioactivity is
found in all the samples even at far sites from mine region. the nuclear
industry exposed tens of thousands of workers and villagers to dangerous levels
of radiation, heavy metals or other carcinogens, including arsenic, from
polluted rivers and underground water supplies that have percolated through the
food chain -- from fish swimming in the Subarnarekha River to
vegetables washed in its tainted water...Centre for Public Integrity has
reviewed hundreds of pages of personal testimony and clinical reports in the
case that...include epidemiological and medical surveys warning of a high
incidence of infertility, birth defects and congenital illnesses among women
living near the industry’s facilities..Charting the trail of disease and ill
health back to its source...the alpha radiation had recorded came from the
mines, mills and fabrication plants of East Singhbhum...where the
state-owned Uranium Corporation of India Ltd is sitting on a mountain
of 174,000 tons of raw uranium....According to the uranium corporation’s own
records, 17 UCIL laborers died in 1994, 14 more in 1995, 19 in 1996 and 21 in
1997. The records seen by the Centre reveal no cause of the deaths, but critics
claim most if not all were radiation-related...The mining corporation dismissed
the 1995.
Numerous studies have been done on
possible effect of nuclear power in causing cancer. Such studies have looked
for excess cancers in both plant workers and surrounding populations due to
releases during normal operations of nuclear plants and other parts of the
nuclear power industry, as well as excess cancers in workers and the public due
to accidental releases.
Nuclear power reactor accidents can
result in a variety of radioisotopes being released into the
environment. The health impact of each radioisotope depends on a variety of
factors. Iodine-131 is potentially an important source of morbidity
in accidental discharges because of its prevalence and because it settles on
the ground. When iodine-131 is released, it can be inhaled or consumed after it
enters the food chain, primarily through contaminated fruits, vegetables, milk,
and groundwater. Iodine-131 in the body rapidly accumulates in the thyroid
gland, becoming a source of beta radiation.
Production of nuclear power relies on
the nuclear fuel cycle, which includes uranium mining and milling. Uranium
workers are routinely exposed to low levels of radon decay products
and gamma radiation. Risks of leukemia from acute and high doses
of gamma radiation are well-known.
1.1
HISTORY AND BACKGROUND
In 1896,
Henri
Becquerel
was investigating phosphorescence in uranium salts when he discovered a new
phenomenon which came to be called radioactivity He, Pierre Curie and Marie
Curie began investigating the phenomenon. In the process, they isolated the element
radium, which is highly radioactive. They discovered that radioactive materials
produce intense, penetrating rays of three distinct sorts, which they labelled
alpha, beta, and gamma after the first three Greek Letters. Some of these kinds
of radiation could pass through ordinary matter, and all of them could be
harmful in large amounts. All of the early researchers received various
radiation burns, much like sunburn, and thought little of it.
The new phenomenon of radioactivity
was seized upon by the manufacturers of quack medicine (as had the discoveries
of electricity and magnetism, earlier), and a number of patent medicines and
treatments involving radioactivity were put forward.
Gradually it was realized that the
radiation produced by radioactive decay was ionizing radiation, and that even
quantities too small to burn could pose a server long- term hazard. Many of the
scientists working on radioactivity died of cancer as a result of their
exposure.
Radioactive patent medicines mostly disappeared,
but other applications of radioactive materials persisted, such as the use of
radium salts to produce glowing dials on meters.
As the atom came to be better
understood, the nature of radioactivity became clearer. Some larger atomic
nuclei are unstable, and so decay (release matter or energy) after a random
interval. The three forms of radiation that Becquerel and the Curies discovered
are also more fully understood. Alpha decay is when a nucleus releases an alpha
particle, which is two protons and two neutrons, equivalent to a helium
nucleus. Beta decay is the release of a beta particle, a high-energy electron.
Gamma decay releases gamma rays, which unlike alpha and beta radiation are not
matter but electromagnetic of very high frequency, and therefore energy. This type of radiation is the most dangerous
and most difficult to block. All three types of radiation occur naturally in
certain elements. [1]
CHAPTER 2 NUCLEAR TECHNOLOGY AND ITS TYPES / ELEMENTS
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. [2]
Nuclear energy is often considered to
be clean, stable, and reliable. When something bad happens, however, the
results can be catastrophic. Events in Chernobyl and Japan involving radiation
from nuclear energy have had long-lasting effects.
Harvesting the energy residing in an
atom was an unimaginable idea until the mid-20th century. It was Sir
Ernest Rutherford, considered the ‘father of Nuclear physics’, who first became
aware of the energy trapped in an atom. While examining the result of an
experiment conducted by John Cockcroft and Ernest Walton, the latter being his
Doctoral student, he realised the massive amount of energy produced in the
‘splitting’ of an atom. However, he also noted that looking for a stable source
of energy in this process was pointless, since the energy required to split an
atom of a light element was so much that the surplus output came up to a paltry
amount. While the notion holds true for lighter elements even to this day, the
scientific world was yet to realize the capability of heavy radioactive
elements to produce a highly energy-efficient fission chain reaction.
To understand nuclear power, we must
first have a basic understanding of the structure of the atom and the
phenomenon of radioactivity.
Ø The Atom
The atom
consists of two regions: the central nucleus and the outlying electron orbits.
The nucleus is made up of protons, which are positively charged, and neutrons,
which do not have any electric charge. Protons and Neutrons are called
‘nucleons’ since they make up the nucleus of the atom. Electrons are negatively
charged particles and orbit the nucleus at a distance directly variable with
their energy level (the further an electron is from the nucleus the more energy
it holds and vice versa). The characteristics of physical and chemical
properties of an element are imparted due to the number of protons present in
the nucleus which is known as the atomic number of the element. In other words,
the number of Protons in an atoms nucleus gives the element its ‘identity’.
While an atom can lose or gain electrons while maintaining its atomic number
(i.e., its identity), nuclear reactions bring about a change in the number of
nucleus of the atom. This change or transmutes the atom of the particular
element in to an atom of a different one. The loss of Protons, Neutron’s, or
Splitting of a large atom into smaller once is due to the radioactivity.
Ø The Radioactivity
The
Radioactivity is observed in elements having an atomic number higher than 83.
Bismuth, the 83rd element, is very slightly radioactive, but its half-life
period is so long (a billion times more than the age of the universe) that is
considered stable. The cause behind radioactivity lies in the force which hold
together identically charged protons in a nucleus. As any eighth grader would
know, life charges repel each other, which should result in positively charged
protons repelling each other when bound together in the nucleus. The reason
that does not happen is a short- range force known as ‘Nuclear Force’. Within a specified range, nuclear force is
one of the strongest forces in the universe and requires massive amount of
energy to overcome. However, after a limit (considered to be 2.5 femtometres),
it has close to not effect at all. Heavy nuclei, such as those of uranium and
radium, have protons close to or outside the outer limit of the pull of nuclear
force, rendering the atom unstable. Through radioactivity, heavy atoms may lose
a variety of particles in order to acquire stability, including alfa particles,
neutrons, neutrinos, photons, gamma rays, etc. This, incidentally also explains
why lighter elements, tightly bound by nuclear force, cannot be a viable source
of energy via fission, as noted by Rutherford, but heavy elements can.[3]
Types of Nuclear Reactions-
Nuclear reactions can be of two
kinds: Fission and Fusion reactions. Fission is widely practiced and
constitutes, in simple terms, the ‘splitting up’ of a heavy nucleus, such as
that of Uranium or Plutonium, to produce energy along with a combination of
lighter elements and various nuclear by-products. Nuclear fusion, on the other
hand constitute joining two lighter atoms together to produce a heavier atom.
It produces much more energy than fission reactions. However, the full
potential of nuclear fusion has not yet been realized, and sufficient research
has not been made to enable it being used on a commercial scale.
1)
Nuclear
fission
• In natural nuclear radiation, the
by-products are very small compared to the nuclei from which they originate.
Nuclear fission is the process of splitting a nucleus into roughly equal parts,
and releasing energy and neutrons in the process. If these neutrons are
captured by another unstable nucleus, they can fission as well, leading to a
chain reaction. The average number of neutrons released per nucleus that go on
to fission another nucleus is referred to as k. Values of k larger
than 1 mean that the fission reaction is releasing more neutrons than it
absorbs, and therefore is referred to as a self-sustaining chain reaction. A
mass of fissile material large enough (and in a suitable configuration) to
induce a self-sustaining chain reaction is called a critical mass.
• When a neutron is captured by a
suitable nucleus, fission may occur immediately, or the nucleus may persist in
an unstable state for a short time. If there are enough immediate decays to
carry on the chain reaction, the mass is said to be prompt critical, and the
energy release will grow rapidly and uncontrollably, usually leading to an
explosion.
• When discovered on the eve of Woldwar
2, this insight led multiple countries to begin programs investigating the
possibility of constructing an atomic bomb— a weapon which utilized fission
reactions to generate far more energy than could be created with chemical
explosives. The Manhattan Project, run by the United States with the help of
the United Kingdom and Canada, developed multiple fission weapons which were
used against Japan in 1945 at Hiroshima and Nagasaki. During the project, the
first fission reactors were developed as well, though they were primarily for
weapons manufacture and did not generate electricity.
• In 1951, the first nuclear fission power
plant was the first to produce electricity at the Experimental Breeder Reactor
No. 1 (EBR-1), in Arco, Idaho, ushering in the "Atomic Age" of more
intensive human energy use
2)
Nuclear
fusion
• If nuclei are forced to collide, they
can undergo nuclear fusion. This process may release or absorb energy. When the
resulting nucleus is lighter than that of iron, energy is normally released;
when the nucleus is heavier than that of iron, energy is generally absorbed.
This process of fusion occurs in stars, which derive their energy from hydrogen
and helium.
• Of course, these natural processes of
astrophysics are not examples of nuclear "technology". Because of the
very strong repulsion of nuclei, fusion is difficult to achieve in a controlled
fashion. Hydrogen bombs obtain their enormous destructive power from fusion,
but their energy cannot be controlled. Controlled fusion is achieved in
particle accelerators; this is how many syndetic elements are produced. Abuser
can also produce controlled fusion and is a useful neutron source However, both
of these devices operate at a net energy loss. Controlled, viable fusion power
has proven elusive, despite the occasional hoax. Technical and theoretical
difficulties have hindered the development of working civilian fusion
technology, though research continues to this day around the world.
• Nuclear fusion was initially pursued
only in theoretical stages during World War II, when scientists on the
Manhattan Project (led by Edward Teller) investigated it as a method to build a
bomb. The project abandoned fusion after concluding that it would require a
fission reaction to detonate. It took until 1952 for the first full hydrogen
bomb to be detonated, so-called because it used reactions between deuterium and
tritium. Fusion reactions are much more energetic per unit mass of fuel than
fission reactions, but starting the fusion chain reaction is much more
difficult.[4]
CHAPTER .3 PROS AND CONS OF NUCLEAR TECHNOLOGY
Ø Pros of Nuclear Energy
1. The costs of nuclear energy are
relatively low.
Generating electricity in a nuclear
power plant is cost-competitive to fossil fuels and renewable
environmentally-friendly resources. This is despite the fact that the initial
construction costs are often several billion dollars and there are ongoing
enrichment and waste disposal issues that must be managed. Because it is such
an affordable energy resource, it allows most people to have access to the
power they need for the modern life.
2. It provides a stable base load
of energy.
In the United States, more than 800
THz of electricity is generated every year because of nuclear energy. This
accounts for about 20% of the electricity that is consumed on an annual basis
by US-based consumers. Nuclear energy can be produced around the clock and the
amount of energy being produced can be raised or lowered based on local
consumption levels. When demands are high, the reactors can be cranked up to
produce more power very easily.
3. Nuclear energy produces
relatively low levels of pollution.
Compared to fossil fuels, nuclear
energy produces very few emissions that can affect the atmosphere. There are
certainly dangers that must be managed with this power resource, but for the
actual production process, nuclear energy is only slightly behind solar and
wind energy when it comes to the greenhouse gases that are produced.
4. There are high levels of fuel
availability.
Under current consumption levels, it
is estimated that the US (and other countries that use nuclear power) have
about 80 years of fuel remaining. This comes from existing uranium resources,
so more uranium could be found and refined in the future. Many countries are
also looking at the possibility of using another type of fuel, called thorium,
to power the nuclear energy facilities that are already in place. Thorium is
more environmentally friendly than uranium, which adds another potential
benefit to this industry.
5. It is a high energy density
resource.
The amount of energy that is obtained
through nuclear fission is many times greater than the amount of energy that is
released through the combustion of fossil fuels. Nuclear fission is 10 million
times greater than fossil fuels in this area. This means the amount of fuel
that is required to produce the energy we need through nuclear energy is much
smaller than what we would need when using fossil fuels.
6. It is a commodity that works
with our existing distribution networks.
Nuclear energy works with our current
power grid. It is a technology that is ready to be distributed to the market,
even if a new nuclear facility happens to go online. This is the primary
advantage that nuclear has over many renewable resources. It can be hooked into
the network immediately, can be built virtually anywhere, and will provide a
known resource.
7. Nuclear energy can support
our greatest power needs.
Because nuclear energy is able to
produce a large amount of power in a short amount of time, it can meet the
heavy industrial and commercial power needs that we have today. Other power
generation technologies offer a lower power density, which means they may only
be able to meet local residential and light industrial needs at best.
8. Waste recycling can reduce
our current costs immediately.
Nuclear waste recycling allows for
the waste products from a reactor to be treated and then fed into another
reactor to provide it with fuel. According to the World Nuclear Association, plutonium
is recovered from used fuel and the recycled into MOX fuel. This allows us to
be able to gain up to 30% more energy from current uranium or thorium fuels
than if only the initial refinement process was used.
9. Nuclear energy is surprisingly
safe.
Despite the levels of radiation that
are created through the uranium enrichment process or the waste materials that
are created, nuclear power plants are incredibly safe. Although there have been
accidents in the past that have caused immense and long-term damage, not a
single accident can be attributed to a malfunction in the system. Natural
disasters and human error have been the causes of nuclear energy disasters.
10. The amount of radiation
exposure which occurs to the average person is minimal.
According to estimates from the US Environmental Protection Agency, the radiation that nuclear power reactors produce accounts for .01% of the average total radiation exposure that is received over a lifetime. In comparison, 80% of our exposure to radiation comes from naturally-occurring sources. The average person received more radiation from indoor radon exposure than from nuclear energy.
According to estimates from the US Environmental Protection Agency, the radiation that nuclear power reactors produce accounts for .01% of the average total radiation exposure that is received over a lifetime. In comparison, 80% of our exposure to radiation comes from naturally-occurring sources. The average person received more radiation from indoor radon exposure than from nuclear energy.
11. It is safer to work at a
nuclear power plant in the US than in other careers.
The National Research Council reports that the nuclear power plants in the US effectively protect people from radiation, despite the fact they generate power on a 24/7 basis. They are even safe for the workers who keep the facility operational. The US Bureau of Labor Statistics show that it is more dangerous to work at a McDonald’s or a Safeway store than it is to work at a nuclear energy facility.
The National Research Council reports that the nuclear power plants in the US effectively protect people from radiation, despite the fact they generate power on a 24/7 basis. They are even safe for the workers who keep the facility operational. The US Bureau of Labor Statistics show that it is more dangerous to work at a McDonald’s or a Safeway store than it is to work at a nuclear energy facility.
12. Nuclear energy provides high
levels of consistent.
Assuming that a nuclear power plant
is operating at its peak efficiency, it has the potential for running for
nearly years without interruption. This means communities are able to reduce
the number of power interruptions they experience that are directly associated
with the source of power. There are no weather contingencies or supply factors
involved either, which means nuclear energy is stable in multiple facets.
13. Nature recovers quickly, even
if the unthinkable happens.
Millions are still dealing with the
fallout from Chernobyl, but Mother Nature has done an excellent job adapting to
what has happened. Researchers are now using Chernobyl as a pseudo nature
reserve, placing endangered animals such as Przewalksi horses, into the area.
This exclusion zone has also become the home of many types of wildlife, free
from the influences of humanity.
14. It is an established
technology.
We know that nuclear energy works. We
know how to design nuclear power plants, disposal networks, and fuel enrichment
processes. If we need to have more energy right away, then we know for a fact
that nuclear energy can provide us what we need. There is no need for
experimentation or network upgrades to add this energy to our networks. We can
build it now and have it up and running with often a simple vote from a city
council or state government.
Ø Cons of Nuclear Energy
1. Nuclear energy provides an
ongoing threat to the environment.
Accidents happen, despite our best
intentions. When a reactor melts down, releases nuclear waste, or has radiation
escape, then the harmful effects on people and the environment can last for
decades. Even though Chernobyl was evacuated immediately and casualties were
minimal initially, it is estimated that up to 30,000 people were killed because
of the side effects of radiation in plants, animals, and foods. Another 2.5
million people are believed to be suffering from health issues that can be
directly attributed to the nuclear power plant.
2. Nuclear energy produces a different
kind of emission that can be harmful.
Although the amount of greenhouse gases that are created by nuclear energy are fairly minimal, there is a different kind of threat that exists. The waste products that are produced by this type of energy increases the risks of being exposed to radiation. Radioactive waste that comes from nuclear energy has an estimated half-life of 30 years in many instances. Some isotopes, such as Plutonium-239, have a half-life that is estimated to be 24,000 years. In some ways, that makes nuclear energy more dangerous than fossil fuel power.
Although the amount of greenhouse gases that are created by nuclear energy are fairly minimal, there is a different kind of threat that exists. The waste products that are produced by this type of energy increases the risks of being exposed to radiation. Radioactive waste that comes from nuclear energy has an estimated half-life of 30 years in many instances. Some isotopes, such as Plutonium-239, have a half-life that is estimated to be 24,000 years. In some ways, that makes nuclear energy more dangerous than fossil fuel power.
3. Nuclear energy is an
infrastructure target.
We live in a world where people
attack innocents for political or religious purposes without any regard to the
consequences of their actions. For those who are looking to maximize the amount
of damage that could be caused to a large population of people, nuclear energy
facilities become a natural infrastructure target. This targeted can be
physical or digital in nature, with both having potential long-term
consequences occurring if there isn’t enough security in place.
4. The fuel for nuclear energy
is still a finite resource.
Eventually the uranium will
disappear. The thorium that may be used as its replacement will also eventually
disappear. It may take several generations for this to occur, especially if the
fuel is properly managed, but it will occur one day because these fuels are a
finite resource. This means nuclear energy is really a temporary solution to
our modern power needs.
5. Waivers are often required
for communities to use nuclear energy.
Because of the risks that are
involved in nuclear energy, many companies that use this technology require the
signing of waivers in order for it to be used. These waivers are intended to
limit the liabilities of those involved in case an accident should occur. If
something unforeseen should happen, it is the government that would often be
stuck with the final cleanup and restoration costs, which means companies shift
the responsibility from themselves to the taxpayer.
6. Nuclear energy requires a
large infrastructure.
Renewable energy resources and even
coal-fired power are more efficient than nuclear energy when it comes to the
amount of infrastructure that is required to support them. Nuclear energy is a
large-scale operation, which means it requires high levels of investment and
coordination in order for it to reach its full potential. This coordination can
increase the costs of nuclear energy to a point where it may not be
price-competitive for some communities.
7. We don’t have access to
known uranium deposits.
Most of the known uranium deposits
that have been identified globally lie under lands that are controlled by
indigenous populations. These tribes and groups of people don’t generally support
the uranium refinement process that makes nuclear energy possible. Without
their support, it is difficult to obtain the element needed to create power in
the first place. Should uranium and thorium stores run low, industrialized
nations may consider taking the uranium by force instead of respecting local
rights and customs.
8. Long-term storage is
required for high-level contaminants.
In the United States, there are no
operating long-term waste storage sites that support the nuclear energy
industry. There are certain sites that do store this waste, but do so with the
support of the local community and the state government. If the states back out
of an agreement to store the waste, the national government has very little
they can do to change their minds.
9. Nuclear waste can be turned
into weapons.
Nuclear energy provides a number of
potential threats on numerous levels. Even the waste products from a nuclear
power plant can be turned into a weapon that has a devastating potential. Yet
for a country like the US, which must ship these wastes out to the
international community because of a lack of storage, this threat is
ever-present. Less secure countries with terrorism cells present could create
the foundation needed to unleash nuclear terrorism on the world.
10. The radiation from nuclear
energy is a known carcinogen.
Not only does the radiation produced
in the creation of nuclear energy cause cancer, but it is known to carry a
number of adverse side effects which are detrimental to a person’s health.
Radiation can cause genetic defects in the children who have parents who were
exposed to radiation. Developmental disabilities are also known to occur.
According to Professor Emeritus Jeffery Patterson at the UW School of Medicine
and Public Health, there is no safe dose of radiation.
11. Uranium is an unstable
material.
We use uranium in nuclear energy
because it is an element that is naturally unstable. This also means that
advanced precautions must be taking during the entire production chain, from
mining to refinement. The instability of uranium can have a dramatic impact on
the health of those who mine it and transport it for refinement or use. The
precautions taken to reduce the risks that uranium produces can make it
difficult to access or afford the raw materials for some communities.
12. Nuclear waste can
contaminate groundwater supplies.
Recycling and disposal efforts can
eliminate a lot of the harmful radioactivity from nuclear waste, assuming it is
appropriately handled and processed. That waste, even if it doesn’t contain
radioactive elements, can still be highly dangerous to the surrounding
environment. Heavy metals and other pollutants can alter local groundwater
tables, damaging the local ecosystem in unpredictable ways.
These
nuclear energy pros and cons show that there are several benefits that can be
obtained when the proper safety precautions are taken for this resource. The
issue that many have is that if those precautions are not taken, the
consequences of using nuclear energy can be devastating for a long period of
time.
CHAPTER. 4 Interrelationship
between Human Rights and Nuclear Technology:
The notion of advanced technologies
refers here both to technical appliances and to methods of their usage, leading
to the replacement not only of manual work but also of the mental work of the
man. In this sense, an example of advanced technology is electronic
communication techniques. These, like traditional technologies, have a double
impact on human rights. On the one hand they may contribute to the fulfilment
of certain rights, and on the other they may simultaneously hamper the
fulfilment of other rights. This relationship can also be inverse, with some
human rights speeding up the introduction of advanced technologies and others
making the adoption of such technologies impossible.
Advanced technologies exert a
positive influence on labour productivity, the improvement of quality, and
others modern features of production. They eliminate a whole range of adverse
side-effect of mechanization and automation, such as noise, air pollution with
chemical substances, dust, etc. In countries suffering from a shortage of trend
labour, advanced technologies make it possible to overcome this barrier.
Advanced technologies completely
change the position of man in the process of his interaction with nature. His
role in some ways becomes more and more superior, and in others increasingly
subservient. Superiority comes from his increased power over nature and
subservient from his increasing dependence on the technology.
Ø Production of Electric Power by
Nuclear Fission
The technologies involved in the
production of electric power by nuclear fission can certainly be referred to as
advance. They have led to an almost complete elimination of manual work and a
limitation of metal work through the use of Robots, Computers, and other modern
appliances. These technologies are very efficient. They can be installed far
from the sources of raw material, and they do not produce dusts or chemical
substances as by-products. They are also silent and sterile. However, in the
case of equipment failure, they can lead to ecological disaster that cannot be
averted by man and the aftermath of which is long-lasting and possess a threat
to large population in far – away regions.
This is why nuclear power stations
give rise to controversy. An example is the public debate on the future nuclear
power engineering, which has been going on in Poland since the middle of 1989.
Although decisions on the development of nuclear power engineering were taken
earlier, the change in the political system, involving different approach to
human rights, has aroused broad social resistance to these decisions.
The proponents of nuclear power
engineering especially atomic physics, express the opinion that it offers a
better method of electric power generation than that provided by thermal power
stations burning coal. In Poland, suffering from acute shortage of electric
power, and virtually deprived of other possibilities for generate electric
power (apart from power engineering based on coal), nuclear power engineering
should, according to this opinion, command a special interest. Nevertheless,
human rights in a liberal sense form a barrier to that interest.
The proponents of nuclear power
engineering argue that for economic reasons electric power generation in
nuclear power stations is much more worthwhile than in coal burning power
stations. A yet more serious reason for the replacement of coal-burning power
plants with nuclear power stations is, according to them, environmental
pollution.
CHAPTER
.5 CIVILIAN USES OF NUCLEAR TECHNOLOGY
Ø
CIVILIAN USES
1)
Nuclear power
Nuclear
power is a type of nuclear technology involving the controlled use of nuclear fission
to release energy for work including propulsion, heat, and the generation of
electricity. Nuclear energy is produced by a controlled nuclear chain reaction
which creates heat—and which is used to boil water, produce steam, and drive a
steam turbine. The turbine is used to generate electricity and/or to do
mechanical work.
Currently
nuclear power provides approximately 15.7% of the world's electricity (in 2004)
and is used to propel aircraft
carriers, icebreakers and submarines (so
far economics and fears in some ports have prevented the use of nuclear power
in transport ships). All nuclear power plants use fission. No
man-made fusion reaction has resulted in a viable source of electricity.
2)
Medical applications-
The
medical applications of nuclear technology are divided into diagnostics and
radiation treatment.
Imaging - The largest use of ionizing radiation in medicine is
in medical radiography to make images of the
inside of the human body using x-rays. This is the largest artificial source of
radiation exposure for humans. Medical and dental x-ray imagers use of
cobalt-60 or other x-ray sources. A number of radiopharmaceuticals are used, sometimes
attached to organic molecules, to act as radioactive tracers or contrast agents
in the human body. Positron emitting nucleotides are used for high resolution,
short time span imaging in applications known as Positron emission tomography.
3)
Industrial applications-
Since some
ionizing radiation can penetrate matter, they are used for a variety of
measuring methods. X-rays and gamma rays are used in industrial radiography to
make images of the inside of solid products, as a means of non-destructive testing and
inspection. The piece to be radiographed is placed between the source and a
photographic film in a cassette. After a certain exposure time, the film is
developed and it shows any internal defects of the material.
4)
Gauges - Gauges use the exponential absorption law of gamma rays
·
Level indicators: Source and detector are placed at
opposite sides of a container, indicating the presence or absence of material
in the horizontal radiation path. Beta or gamma sources are used, depending on
the thickness and the density of the material to be measured. The method is
used for containers of liquids or of grainy substances
·
Thickness gauges: if the material is of constant
density, the signal measured by the radiation detector depends on the thickness
of the material. This is useful for continuous production, like of paper,
rubber, etc.
5)
Electrostatic control - To avoid the build-up of static electricity in production of
paper, plastics, synthetic textiles, etc., a ribbon-shaped source of the alpha
emitter 241Am can be placed close to the material at the end of
the production line. The source ionizes the air to remove electric charges on
the material.
6)
Radioactive tracers - Since
radioactive isotopes behave, chemically, mostly like the inactive element, the
behaviour of a certain chemical substance can be followed
by tracing the radioactivity. Examples:
·
Adding a gamma tracer to a gas or liquid in a closed
system makes it possible to find a hole in a tube.
·
Adding a tracer to the surface of the component of a
motor makes it possible to measure wear by measuring the activity of the
lubricating oil.
7)
Oil and Gas Exploration-
Nuclear well
logging is used to help predict the commercial viability of new
or existing wells. The technology involves the use of a neutron or gamma-ray
source and a radiation detector which are lowered into boreholes to determine
the properties of the surrounding rock such as porosity and lithography.
8)
Road Construction –
Nuclear
moisture/density gauges are used to determine the density of soils, asphalt,
and concrete. Typically, a cesium-137 source is used.
Ø COMMERCIAL APPLICATIONS-
Tritium is used with phosphor in rifle sights to increase
night-time firing accuracy. Some runway markers and building exit signs use the
same technology, to remain illuminated during blackouts.
·
Smoke
detector:
An ionization smoke detector includes a tiny mass of
radioactive americium-241, which is a source of alpha radiation. Two ionisation chambers are placed
next to each other. Both contain a small source of 241Am that gives rise to a small constant current. One
is closed and serves for comparison, the other is open to ambient air; it has a
gridded electrode. When smoke enters the open chamber, the current is disrupted
as the smoke particles attach to the charged ions and restore them to a neutral
electrical state. This reduces the current in the open chamber. When the
current drops below a certain threshold, the alarm is triggered.
Ø Food
processing and agriculture
In biology and agriculture, radiation
is used to induce mutations to produce new or improved species, such as
in atomic gardening. Another use in insect
control is the sterile insect technique, where
male insects are sterilized by radiation and released, so they have no
offspring, to reduce the population.
In
industrial and food applications, radiation is used for sterilization of tools and equipment. An
advantage is that the object may be sealed in plastic before sterilization. An
emerging use in food
production is the sterilization of food using food
irradiation.
The Radura logo,
used to show a food has been treated with ionizing radiation.
Food
irradiation is the process of exposing food to ionizing radiation in order to
destroy microorganisms, bacteria, viruses, or insects that
might be present in the food. The radiation sources used include radioisotope
gamma ray sources, X-ray generators and electron accelerators. Further
applications include sprout inhibition, delay of ripening, increase of juice
yield, and improvement of re-hydration. Irradiation is a
more general term of deliberate exposure of materials to radiation to achieve a
technical goal (in this context 'ionizing radiation' is implied). As such it is
also used on non-food items, such as medical hardware, plastics, tubes for
gas-pipelines, hoses for floor-heating, shrink-foils for food packaging,
automobile parts, wires and cables (isolation), tires, and even gemstones.
Compared to the amount of food irradiated, the volume of those every-day
applications is huge but not noticed by the consumer.
The genuine
effect of processing food by ionizing radiation relates to damages to the DNA, the
basic genetic information for life. Microorganisms can
no longer proliferate and continue their malignant or pathogenic activities.
Spoilage causing micro-organisms cannot continue their activities. Insects do
not survive or become incapable of procreation. Plants cannot continue the
natural ripening or aging process. All these effects are beneficial to the
consumer and the food industry, likewise.
The amount
of energy imparted for effective food irradiation is low compared to cooking
the same; even at a typical dose of 10 keg most food, which is (with regard to
warming) physically equivalent to water, would warm by only about 2.5 °C
(4.5 °F).
The
specialty of processing food by ionizing radiation is the fact, that the energy
density per atomic transition is very high, it can cleave molecules and induce
ionization (hence the name) which cannot be achieved by mere heating. This is
the reason for new beneficial effects, however at the same time, for new
concerns. The treatment of solid food by ionizing radiation can provide an
effect similar to heat pasteurization of liquids, such as milk. However, the
use of the term, cold pasteurization, to describe irradiated foods is
controversial, because pasteurization and irradiation are fundamentally
different processes, although the intended end results can in some cases be
similar.
Detractors
of food irradiation have concerns about the health hazards of induced radioactivity.[citation needed] A report for the industry
advocacy group American Council on Science and
Health entitled "Irradiated Foods" states: "The
types of radiation sources approved for the treatment of foods have specific
energy levels well below that which would cause any element in food to become
radioactive. Food undergoing irradiation does not become any more radioactive
than luggage passing through an airport X-ray scanner or teeth that have been
X-rayed."
Food
irradiation is currently permitted by over 40 countries and volumes are
estimated to exceed 500,000 metric tons (490,000 long tons; 550,000 short tons)
annually worldwide.
Food
irradiation is essentially a non-nuclear technology; it relies on the use of
ionizing radiation which may be generated by accelerators for electrons and
conversion into bremsstrahlung, but which may use also gamma-rays from nuclear
decay. There is a worldwide industry for processing by ionizing radiation, the
majority by number and by processing power using accelerators. Food irradiation
is only a niche application compared to medical supplies, plastic materials,
raw materials, gemstones, cables and wires, etc.[5]
Accidents
Nuclear
accidents, because of the powerful forces involved, are often very dangerous.
Historically, the first incidents involved fatal radiation exposure. Marie Curie died
from aplastic anemia which resulted from her high
levels of exposure. Two scientists, an American and Canadian
respectively, Harry Daghlian and Louis
Slotin, died after mishandling the same
plutonium mass. Unlike conventional weapons, the intense light, heat, and
explosive force is not the only deadly component to a nuclear weapon.
Approximately half of the deaths from Hiroshima and Nagasaki died
two to five years afterward from radiation exposure.
Civilian nuclear and radiological accidents
primarily involve nuclear power plants. Most common are nuclear leaks that
expose workers to hazardous material. A nuclear
meltdown refers to the more serious hazard of releasing nuclear
material into the surrounding environment. The most significant meltdowns
occurred at Three Mile Island in Pennsylvania and Chernobyl in the Soviet Ukraine. The
earthquake and tsunami on March 11, 2011 caused serious damage to three nuclear
reactors and a spent fuel storage pond at the Fukushima Daiichi nuclear power
plant in Japan. Military reactors that experienced similar accidents were Windscale in
the United Kingdom and SL-1 in
the United States.
Military accidents usually
involve the loss or unexpected detonation of nuclear weapons. The Castle
Bravo test in 1954 produced a larger yield than expected,
which contaminated nearby islands, a Japanese fishing boat (with one fatality),
and raised concerns about contaminated fish in
Japan. In the 1950s through 1970s, several nuclear bombs were lost from
submarines and aircraft, some of which have never been recovered. The last
twenty years have seen a marked decline in such accidents.
CHAPTER 7
INTERNATIONAL CONFERENCE
The international conference on Human
Rights, Future Generations and Crimes in the Nuclear Age-
The international conference
on Human Rights, Future Generations and Crimes in the Nuclear Age, held in
Basel from September 14-17, 2017, affirm that the risks and impacts of nuclear
weapons, depleted uranium weapons and nuclear energy, which are both
transnational and trans-generational, constitute a violation of human rights, a
transgression of international humanitarian and environmental law, and a crime
against future generations.
Uranium mining
· Uranium mining and enrichment,
which provide the fuel for nuclear energy, release long-lasting and highly
toxic radionuclides into the environment causing severe impact on the health of
current and future generations exposed to the radiation;
· The nuclear fuel chain,
especially uranium enrichment and plutonium reprocessing, provide possibilities
for countries with these technologies to also produce nuclear weapons, creating
additional threats to current and future generations.
Nuclear energy
· Along the chain of production,
regular use and waste management of nuclear fuel for energy generation as well
as after nuclear power plant accidents huge amounts of radioactive isotopes are
released into the biosphere. Severe health effects as cancer and non-cancer
diseases have been demonstrated in populations exposed. In particular resulting
genetic changes impact on the health of current and future generations.
· Many nuclear power plants,
particularly in Europe, are located in regions of high population density;
· Any nuclear disaster has cross
border effects affecting population of several countries, and would be an
infringement of international law requiring states to ensure that activities
within their jurisdiction or control do not cause damage to the environment of
other states.
· The 2015 Sendai United Nations
declaration recognized that accountability for disaster risk creation is needed
at all levels. Furthermore, all human rights need to be promoted and protected
in any disaster situation, including man made hazards and technological risks;
· The exorbitantly high costs of
nuclear energy production and management (including waste storage) make it an
inappropriate investment as compared to renewable energies;
· Nuclear disasters like those
at Mayak, Three Mile Island, Sellafield, Chernobyl and Fukushima, release
massive quantities of radionuclides into the environment impacting on the
health of current and future generations;
(The 2011 Fukushima Daiichi nuclear
disaster, the world's worst nuclear accident since 1986, displaced
50,000 households after radiation leaked into the air, soil and
sea. Radiation checks led to bans of some shipments of vegetables and
fish.
(In March 2011 an earthquake and
tsunami caused damage that led to explosions and partial meltdowns at
the Fukushima I Nuclear Power Plant in Japan.)
· Nuclear power plants, in
operation and after their dismantlement, generate huge amounts of radioactive
waste, which is dangerous for thousands of years, even longer than any known
civilization has lasted. The question of safe long-term storage of radioactive
waste over centuries has not been answered so far.
Nuclear weapons
· The use and testing of nuclear
weapons has generated severe, trans-generational damage to health and the
environment of those in the vicinity of the detonations and also to humanity as
a whole;
· Recent research, highlighted
by the series of international conferences on the humanitarian impact of
nuclear weapons, indicates that any use of nuclear weapons on a populated area
would cause disastrous humanitarian and environmental consequences, and any
multiple use of nuclear weapons would cause catastrophic and irreversible
damage to the climate in addition to the radiation and blast impacts;
· Nuclear deterrence is immoral,
illegal and of doubtful value for security.
· The financial and human
investments in the nuclear arms race are deviating required resources from
human, social and environmental needs. This includes promoting education,
providing basic universal health care, protecting the climate and implementing
the sustainable development goals
Depleted uranium (DU) weapons
· Epidemiological reports
indicate that exposure to depleted uranium has health impacts on those exposed
and their offspring;
· Use of uranium for armor
plating and piercing projectiles release depleted uranium into the environment,
where it will be deposited for thousands of years, causing risks to combatants
and non-combatants alike.
CHAPTER 8
INTERNATIONAL LAWS APPLICABLE TO NUCLEAR WEAPONS AND ENERGY
Ø International law applicable to
nuclear weapons and energy
In addition to general international
law, the following branches, inter alia, are applicable to nuclear weapons
and nuclear energy:
1) International human rights
law protects, in particular, the right to life, the right not to be
subject to inhuman or degrading treatment, the right to the highest standard of
health and to a healthy environment, the right to an adequate standard of
living, including the right to food and water, as well as the freedom of
expression and the right to seek and receive information. Moreover, special
instruments for particularly vulnerable groups, such as women, children,
indigenous peoples or persons with disabilities, have been adopted and
concluded.
2) International humanitarian law: This body of law prohibits the
use of weapons or methods of warfare that would indiscriminately impact on
civilians, cause unnecessary suffering to combatants, violate neutral
territories, be dis-proportionate to the provocation or cause severe, long-term
or irreversible damage to the environment.
3) The law of peace and security: This body of law, expressed
primarily through the UN Charter, prohibits the threat or use of force except
in legitimate self-defence.
4) Law protecting the
environment and future generations: This body of law, expressed in a number
of international treaties, provides a responsibility to ensure a sustainable
environment for current and future generations, and to prohibit activities
which are known to seriously threaten this. There is also a legal
responsibility to prevent and protect the public from exposure to harm, when
scientific investigation has found a plausible risk.
The production of nuclear energy
violates human rights law and international law protecting the environment and
future generations due to the impacts of nuclear energy on human health and the
environment as outlined above.
The production, threat and use of
nuclear weapons violate all four bodies of law outlined above. ‘the destructive
impact of nuclear weapons cannot be contained in time or space’ and with
the affirmation of the Treaty on the Prohibition of Nuclear Weapons that ‘any
use of nuclear weapons would be contrary to the rules of international law
applicable in armed conflict, and in particular the principles and rules of
international humanitarian law.’
Ø On rights and responsibilities under
the law
1. We call for full redress for all
people whose health, well-being or livelihoods have been negatively impacted by
uranium mining, nuclear energy and nuclear weapons;
2. We welcome the provision in
the Treaty on the Prohibition of Nuclear Weapons on victim assistance
and environmental remediation and call for its full implementation;
3. We appeal to all those in the nuclear
weapons and energy industries and administrating government departments to
recognize the illegality of the production of nuclear weapons and energy, and
to cease such activities;
4. We welcome the conclusions of
the International Peoples’ Tribunal on Nuclear Weapons and the Destruction
of Human Civilisation. held on July 7-9, 2016, that convicted (in
absentia) the leaders of the nuclear-armed States (and one of the allied States
as a test case) for war crimes, crimes against humanity, crimes against peace,
crimes against future generations and crimes of threatening, planning and
preparing acts which would constitute ecocide, which is understood as causing
serious damage to, or destruction, of an ecosystem or ecosystems, or of causing
serious, long-term or irreversible damage to the global commons.
5. We welcome the fact that the majority
of countries neither produce nuclear energy nor possess nuclear weapons, and we
call on all other countries to join them.
6. We welcome the establishment of the
International Renewable Energy Agency, which provides assistance to countries
to develop renewable energies, and we highlight it’s 2016
Report Rethinking Energy: Renewable Energy and Climate Change which
demonstrates the possibilities to completely replace fossil fuels by safe
renewable energies, without relying on nuclear energy, by 2030.
7. We commend the 184 countries who have
joined the Non-Proliferation Treaty as non-nuclear States and the 122
countries who voted in favour of the Treaty on the Prohibition of Nuclear
Weapons which also prohibits the threat or use of nuclear weapons. We call
on all countries to agree to the prohibition and elimination of nuclear weapons
and to adopt, at the 2018 UN High Level Conference on Disarmament, a framework
to implement this.
8. We call on all countries utilizing
nuclear energy to announce a program for phasing out their use of nuclear
energy and replacing it with renewable energy sources.
9. Finally, as doctors, lawyers,
scientists and nuclear experts from 27 countries we consider it as our moral
duty to highlight the facts regarding nuclear energy and weapons, and promote a
safe, sustainable and peaceful future for humanity and our planet consistent
with human rights and the rights of future generations.
Ø As such we make the following
proposals:
1.
All
countries at the United Nations shall promote human rights, the rights of
future generations, and the legal requirements to phase out nuclear energy and
nuclear weapons. We support the initiatives that Switzerland has taken to phase
out nuclear energy domestically and to prohibit nuclear weapons globally, and
we encourage Switzerland to take further efforts at the United Nations to
prohibit all aspects of the nuclear energy and weapons industries.
2.
The
Linear No Threshold [LNT] concept and collective dose-calculations allow
extrapolations of health risks in large populations exposed to low doses of
ionizing radiation. Current scientifically based understanding calls for
acceptance of risk estimations at doses as low as 1 mSv and therefore asks for
a revision of the ICRP-recommendations, which are outdated one decade after
their effective date.
3.
Violations
of human rights by ionizing radiation sources must be documented
epidemiologically. In this regard medical standards for compensation of victims
have to be established. Companies / people found to violate the rights of the
concerned workers must be held responsible by national and international
courts. Everyone has the right to seek and receive information. Victims must be
compensated.
4.
The
employment of nuclear weapons, as well as indiscriminate damage to health and
to the environment resulting from other nuclear activities, should be included
as a crime against humanity under the Rome Statute of the International
Criminal Court. We also call for amendment of the Rome Statute to include the
crime of ecocide.
5.
Young
people and students need to be alerted to the relation between Nuclear energy /
nuclear weapons – Violations of human rights – Rights of future generations.
Their human rights are endangered and therefore they need to become active and
encouraged to have their current and future interests respected. Law and
medical faculties are encouraged to consider teaching on human rights in their
corresponding curricula, in general but also in the mentioned context of the
‘Nuclear fuel chain’, and this also in view of the rights of future
generations.[6]
CHAPTER 9
International Atomic Energy Agency
International Atomic Energy Agency as
an International Inspectorate and Review Body International Atomic Energy Agency
(IAEA) was the product of compromise following failure to agree on the
proposals proposed by US for international single head management of all
nuclear power plants by an international body. Its main tasks were confined to
encouraging and facilitating the development and inspection of nuclear power,
and ensuring through the non-proliferation safeguards that it was used only for
peaceful purposes. It had the important responsibility to set the standards for
health and safety of humans in collaboration with other international agencies.
IAEA has only limited power to act as an important nuclear safety inspectorate
under its statute. However, the Agency can, if requested, also provide safety
advice and a review of safety practices for any nuclear installation or waste
disposal site.
The IAE laid down certain principles
to be followed by its member states for nuclear safety and precautions. They
principles are as follows:
(a) The Safety Principle: This principle lays emphasis that
the legal regimes in a country should adopt certain minimum standards of safety
for the purposes of protecting health and minimize the danger to life and
property from exposure to radiation. This principle is further divided into two
subsidiary principles.
They are as follows:
(i)
Prevention
and Protection Principle: This principle lays down that every legal regime
should adopt standards of safety for radiation protection, transport and
handling of radioactive materials, radioactive waste disposal and safety of
nuclear installations.
(ii)
Precautionary
Principle: This principle lays emphasis on establishing basic international
minimum safety standards and guiding principles regulating the design,
construction, siting and operation of nuclear power plants. The utmost priority
should be given to protecting public health, security, safety and the
environment.
(b)
Security Principle: The Security Principle suggests the legal system should include the
provisions against, both accidental and intentional radiation which can pose
threat to the life and property of the people. This principle also cautions
against illegal acquisition of nuclear materials by criminal or terrorist
groups.
(c)
Responsibility Principle: When there are Trans boundary nuclear accidents, it becomes
difficult to find most preferred method for ensuring safety and reallocating
the costs for accident. Generally, the principle of equal access and
non-discrimination to nuclear risks and a number of national legal systems facilitate
trans-boundary proceedings.
(d)
Permission Principle: Prior permission is required to do those things, which may pose serious
threat or injury to persons or environment. Use of nuclear technology
inherently involves some risk; prior permission is always required. The law
also clearly needs to identify those activities that require prior permission.
(e)
Continuous Control Principle: A continuous monitoring of the activities to provide safety
advice and a review of safety practices for any nuclear installation or waste
disposal site. IAEA safety inspections are valuable to governments because of
their independence and the reassurance they provide.
(f)
Compensation Principle: The states should create a common scheme for loss
distribution among the victims, focusing liability on the operator of a nuclear
installation, based on the principle of absolute or strict liability and
re-enforced by state-funded compensation schemes.
(g)
Sustainable Development Principle: The principle of sustainable development has special
relevance in nuclear energy production. It is “because some fissile material
and sources of ionizing radiation can pose health, safety and environmental
risks for very long periods of time.”
(h)
Compliance Principle: Nuclear energy production involves particular risks of radiological
contamination transcending national boundaries. There are many bilateral and
multilateral instruments that aim at determining an international law of
nuclear energy. The fundamental question is to what extent a particular state
has adhered to these international legal regimes. It is also important that the
national legal regime incorporates the provisions of customary international
law also.
(i)
Independence Principle: It is very important that the powers, functions and
decisions of the Regulatory Authority that is constituted under the nuclear law
are not interfered by the executive or other branches of the State and also
from entities involved in the development or promotion of nuclear energy.
(j)
Transparency Principle: Erstwhile, information of nuclear materials was guarded,
categorizing it as ‘sensitive’ and ‘confidential’. In the recent past, however,
the emphasis is “with the development of the peaceful uses of nuclear energy,
however, public understanding of and confidence in the technology have required
that the public, the media, legislatures and other interested bodies be
provided with the fullest possible information concerning the risks and
benefits of using various nuclear related techniques.
CHAPTER 10
Nuclear technology regulation in India
Ø Nuclear technology regulation in
India-
Listed below are some of the Acts and
Rules pertaining to Nuclear energy in India.
1.
The
Atomic Energy Act, 1962-Activities concerning establishment and utilisation of
nuclear facilities and use of radioactive sources are carried out in India in
accordance with the relevant provisions of the Atomic Energy Act, 1962.
(a)
The
environment protection aspects are governed by the Environmental Protection
Act, 1986.
2.
Atomic
Energy (Working of the Mines, Minerals and Handling of prescribed substances)
Rules, 1984-Safety aspects in mining and milling of prescribed substances are
governed by the Mines Minerals Prescribed Substance Rules, 1984.
3.
Atomic
Energy (Safe Disposal of Radioactive Wastes) Rules, 1987-Safe waste disposal is
ensured by implementation of the Atomic Energy Safe Disposal of Radioactive
Waste Rules, 1987.
4.
Atomic
Energy (Factories) Rules, 1996
5.
The
regulations for radiation protection aspects are as governed by the Radiation
Protection Rules, 1962. Radiation Protection Rules, 2004
6.
Civil
Liability for Nuclear Damage Act 2010
7.
Notification
of Civil Liability for Nuclear Damage Rules 2011
Ø The Civil Liability for Nuclear
Damage Act, 2010
Operators of nuclear establishments
are liable as per law for any damage caused by them. The liability of operators
is not based on fault principle but on the principle of no fault or strict
liability, regardless of fault. This damage will have its impact not only in
the country of the disaster but also in the neighbouring countries as well.
Normally to certain extend the operators of the plants/nuclear establishments
are made liable for the damage, which they may pay through insurance. Beyond
that, according to international law and practice, States accept responsibility
as the insurer of the last resort.
Currently there are three major
international agreements, which form the international framework of nuclear
liability. They are:
a.
The
Paris Convention of 1960.
b.
The
Vienna Convention of 1963 along with the Protocol to amend the Vienna
Convention, 1997.
c.
The
Convention on Supplementary Compensation for Nuclear Damage of 1997.
Among these conventions, India is a
signatory to only the Convention on Supplementary Compensation for Nuclear
Damage, but she has signed few bilateral agreements with other countries,
including USA, UK, Russia, France, and Canada, for co-operation in using of
nuclear energy for civilian purposes. The India-France bilateral agreement
explicitly states that India has to create a civil nuclear liability regime for
compensating damage caused by incidents involving nuclear material and nuclear
facilities.
The Civil Liability for Nuclear Damage
Act, 2010 received the president’s assent on 21st September 2010. The main
purpose of this legislation is to provide for civil liability for nuclear
damage and give prompt compensation to the victims of a nuclear incident
through a no-fault liability regime channelling liability to the operator and
also on the State. This Act also aims at appointing a Claims Commissioner and
establishment of a Nuclear Damage Claims Commission. It is also stated that it
is being enacted to provide for liability arising out of a nuclear incident,
and also due to the “necessity of joining an international liability regime.
The Act applies to nuclear damage
suffered in or over the maritime areas beyond the territorial waters of India,
in or over the exclusive economic zone, on board or by a ship registered in
India or on or by an artificial island, installation or structure under the
jurisdiction in India. At the same time, it applies only to the nuclear
installation owned or controlled by the Central Government either by itself or
through any authority or corporation established by it or a government company.
Ø Liability for Nuclear Damage
Chapter II of the Act, (sections 3 to
8) lays down the law and procedures on the liability for nuclear damage. Within
15 days from the occurrence of any nuclear incident, the Atomic Energy
Regulatory Board (AERB) shall notify a nuclear incident if it feels that the
gravity of the threat and risk involved is not insignificant. Once notified,
the Board shall also give wide publicity to the incident so that people can be
cautious and take all the necessary precaution. However, the word
‘insignificant’ that is used in this section seems to be confusing. It gives
room for the AERB to determine what is significant and what is not significant
as there are no criteria laid down.
For any such nuclear incident the
Operator shall be liable for the resultant ‘Nuclear Damage’ if it involves the
‘nuclear installation’ or ‘nuclear materials’ under its control. Where there is
more than one operator and damage attributable to each operator is not
separable, the liability of each operator shall be ‘Joint and Several.’ However
even in case of such joint and several liabilities, the total liability of such
operator shall be as specified under section 6(2). At the same time if there
are several nuclear installations by the same operator that are involved in a
nuclear incident, such operator shall, in respect of each such nuclear
installation be separately liable to the extent pre-scribed under section 6
(2).
Ø Liability of an Operator to be
‘Strict Liability’ based on the principle of ‘No-Fault Liability’
The Indian version of strict
liability, the ‘absolute liability’ principle, stipulates that “where an
enterprise is engaged in a hazardous or inherently dangerous activity and harm
results to anyone on account of an accident in the operation of such hazardous
or inherently dangerous activity resulting, for example, in escape of toxic
gas, the enterprise is strictly and absolutely liable to compensate all those who
are affected by the accident and such liability is not subject to any of the
exceptions which operate vis-à-vis the tortious principle of strict liability
under the rule in Rylands v. Fletcher”
(1868) LR 3HL 330. In other words
absolute liability is strict liability without any exception. This liability
standard has been laid down by the Indian Supreme Court in M.C. Mehta v. Union
of India (Oleum Gas Leak Case) AIR 1987 SC 1086.
However, the nature of liability in
the event of a nuclear catastrophe in India is not prescribed. The Act itself
provides for certain exceptional circumstances under which an operator shall
not be liable (however, even under these circumstances the victim will get
compensation as the liability is transferred to the Central Government).
These circumstances are as follows:
(a) A
grave natural disaster of an exceptional character. However, the phrase
‘exceptional character’ has not been defined under the Act. This leaves a lot
of discretion with the authorities.
(b) An
act of armed conflict, hostility, civil war, insurrection or terrorism.
If these circumstances
directly cause the nuclear damage, the Central Government assumes liability
instead of the operator. Further the list continues to include any nuclear
damage that is caused to:
a.
The
nuclear installation itself and any other nuclear installation, fully or
partially constructed, on the site where such incident occurred.
b.
To
any property on the same site which is used or to be used in connection with
such installation.
c.
To
the means of transport upon which the nuclear materials involved was carried at
the time of nuclear incident. These provisions, though aimed at preventing the
operator from getting compensation for nuclear incident caused by him, may go
against the interest of another party whose property at the time of the nuclear
incident was on the same site.[7]
CHAPTER 11
CONCLUSION
Mind you the utility of nuclear
technology is not just limited to energy production but it is known (not by
many people though) to have made strides in the field of medicine and
agriculture as well. So a technology that can be both a bane or a boon calls
out for regulation and not for prohibition. It is in the interest of the
humankind to develop nuclear technologies for the true purposes rather than
prohibit it altogether because of its potential misuse
CHAPTER 12 BIBILOGAPGY
1.
https://en.wikipedia.org/wiki/Nuclear_technology.
2.
https://www.google.com/search?q=laws+applicable+to+nuclear+technology+in+india