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Nuclear Suppliers’ Liability and the Attempt to Dilute Section 46

February 15, 2015

On February 8, nearly two weeks after Prime Minister Modi and President Obama announced that their two countries had achieved a “breakthrough” in their partnership on civil nuclear energy cooperation, the Ministry of External Affairs (“MEA”) finally broke its silence on the details of the deal reached by issuing responses to a list of Frequently Asked Questions. The MEA’s answer to one group of questions is particularly disturbing: that Section 46 of the Civil Liability for Nuclear Damage Act (the “CLND Act”) does not permit victims of a nuclear accident to bring tort law claims against suppliers.