NUCLEAR SECURITY AND SAFETY

Introduction

Although nuclear reactions and stuff is mostly a thing of physics, law students have to have information about it. Why? The reason is NUCLEAR SECURITY. Also, let me first brief it out what is nuclear energy all about.

A nuclear reaction is a method to convert the mass-produced in a reaction to the energy. Just focus on that we are getting energy from it, that can be used to generate energy and that energy is massive. That is why it can be used for purposes that it is not meant for. Therefore, we need nuclear security. Nuclear security is the prevention and detection of, and response to unauthorised removal, sabotage, unauthorised access, illegal transfer or other malicious acts involving nuclear or radiological material or their associated facilities[i].

So we know that we need nuclear security to control and regulate any unauthorized access into nuclear material because these materials are also used in making extremely harmful explosives and nuclear weapons. We all know the atomic bombing in Hiroshima and Nagasaki by the United States. You see if this technology or what we can say the use of this energy is not regulated there can be catastrophic events.

Also, one important point that this is an expensive deal, so poor and third cannot usually afford them and are in danger of being attacked by such warfare. Now here jumps nuclear security in the scene, when countries realised that if this is not controlled then humans might use it as per their convenience. And since there’s a play of chemical in this process, the chemical reactions’ side effects are deadly. Therefore, it is imperative to have knowledge about nuclear safety.

INTERNATIONAL ORGANIZATIONS

INTERNATIONAL ATOMIC ENERGY AGENCY

The IAEA was adopted in 1994 after the Chernobyl disaster in which there was a massive leak of a radioactive substance, and was entered in 1996. IAEA works like an advisory agency and promotes the safe and peaceful use of nuclear technologies. The treaties relating to the work of the IAEA cover a wide range of subjects, from the organization of the Agency’s own work to nuclear safety, nuclear security, safeguards and nuclear non-proliferation, and civil liability for nuclear damage.[ii] There are certain treaties for nuclear security apart from many other treaties under IAEA it such as the Convention on the Physical Protection of Nuclear Material(1987) and Amendment to the Convention on the Physical Protection of Nuclear Material(2005).

International Convention for the Suppression of Acts of Nuclear Terrorism

Each State Party shall adopt such measures as may be necessary, including, where appropriate, domestic legislation, to ensure that criminal acts within the scope of this Convention, in particular where they are intended or calculated to provoke a state of terror in the general public or in a group of persons or particular persons, are under no circumstances justifiable by considerations of a political, philosophical, ideological, racial, ethnic, religious or other similar nature and are punished by penalties consistent with their grave nature.[iii]

NUCLEAR SECURITY IN INDIA

The Atomic Energy Commission (AEC) was established in 1948 under the Atomic Energy Act as a policy body. Then in 1954, the Department of Atomic Energy (DAE) was set up to facilitate research, technology development and commercial reactor operation.

ATOMIC ENERGY ACT, 1962

This act permits only government-owned enterprises to be involved in nuclear power.[v]it talks about prohibited areas, and declares the theory, design and construction along with operation of nuclear reactors, extradition method and research as restricted information to be not published. It also talks about the discovery and handling of uranium for such purposes.

The Foreign Trade Development & Regulation Act (FTDR) of 1992

Section 14A of this act talks about controlling the import and export of weapons of mass destruction and section 14C of the act says that “ No person shall export any material, equipment or technology knowing that such material, equipment or technology is intended to be used in the design or manufacture of a biological weapon, chemical weapon, nuclear weapon or other nuclear explosive device, or in their missile delivery systems.”

ATOMIC ENERGY (SAFE DISPOSAL OF RADIOACTIVE WASTES) RULES, 1987

It talks about the proper disposal of radioactive waste with proper guidelines for the authorized people.

Atomic Energy (Radiation Protection) Rules, 2004

This act talks about the guidelines for the protection from the radiation of materials and also lists the rules for obtaining licence for installing a radioactive laboratory.

Weapons of Mass Destruction (WMD) Act of 2005

This act was passed to prohibit unlawful activities, in relation to weapons of mass destruction and their delivery systems and for matters connected therewith or incidental thereto.

Nuclear Safety Regulatory Authority (NSRA) Bill, 2011

The Bill seeks to dissolve the Atomic Energy Regulatory Board and replace it with the Nuclear Safety Regulatory Authority (NSRA). The NSRA shall The Bill also establishes the Council of Nuclear Safety to review policies on nuclear safety. The Council shall include the Chairman of the Atomic Energy Commission. regulate nuclear safety and activities related to nuclear material and facilities. The government can exempt facilities from NSRA’s jurisdiction if they relate to national defence and security. [viii]This bill has not passes till yet, it was introduced in 2011.

NON- PROLIFeRATION TREATY

This treaty aims to prevent the mushrooming of nuclear weapons and warfare. It promotes peaceful use of nuclear technology. There are about 191 state parties to it, including five nuclear weapon states(US, Russia, UK, France, China). India is not a party to the treaty although India has announced to have been involved in nuclear weapons.

CONCLUSION

Nuclear Security and safety are extremely important for a developing country like India. To increase the prospects and development of nuclear power in India, there is a need of robust and effective laws.

The author(Iqra Khan) is a second year student of BA.LLB(Hons) in Jamia Millia Islamia

Refrences

[i]IAEA safety Glossary – Version 2.0 September 2006

[ii] IAEA Legal Treaties.

[iii] International Convention for the Suppression of Acts of Nuclear Terrorism, art 6.

[iv] Department of Atomic Energy (DAE). “Important Agreements” :http://dae.nic.in/?q=node/75

[v] World Nuclear Association:http://world-nuclear.org/info/Country-Profiles/Countries- G-N/India/#.UcmhLdjBnvw

[vi] The Foreign Trade (Development and Regulation) Act, 1992, art 14C.

[vii] THE WEAPONS OF MASS DESTRUCTION AND THEIR DELIVERY SYSTEMS (PROHIBITION OF UNLAWFUL ACTIVITIES) ACT, 2005

[viii] The Nuclear Safety Regulatory Authority Bill 2011, available at https://www.prsindia.org/billtrack/the-nuclear-safety-regulatory-authority-bill-2011-1980