Legal and Environmental Safeguards in Nuclear Resource Development: A Critical Study of Regulatory Frameworks and Safety Protocols in India

Abstract

The expansion of nuclear energy as a sustainable alternative to fossil fuels raises complex challenges in balancing environmental protection, public health, and energy security. This study critically examines the legal and environmental safeguards governing nuclear resource development in India, focusing on the regulatory effectiveness of frameworks such as the Atomic Energy Act, 1962, the Environmental Protection Act, 1986, and the Civil Liability for Nuclear Damage Act, 2010. Despite India's strategic goals for clean energy, empirical data collected through field interviews with legal experts, environmental scientists, and stakeholders from affected regions—such as Jaduguda (Jharkhand) and Kudankulam (Tamil Nadu)—reveal significant regulatory gaps, procedural opacity, and inconsistencies in environmental impact assessment (EIA) enforcement.The research employs a mixed-method approach, integrating doctrinal legal analysis with non-doctrinal data gathered via structured interviews (n=25), public response surveys (n=100), and RTI (Right to Information) responses on nuclear project compliance data. Key findings highlight inadequate community engagement during licensing stages, sub-standard radioactive waste management practices, and weak institutional monitoring mechanisms. International best practices—drawn from comparative legal studies of Japan (post-Fukushima), France, and the United States—demonstrate how legal mandates on public safety, real-time disclosure, and independent regulatory oversight can enhance environmental governance in India’s nuclear sector. This paper argues for a reformed legal-institutional architecture that strengthens the independence of the Atomic Energy Regulatory Board (AERB), mandates climate-resilient EIA protocols, and ensures constitutional guarantees of environmental justice under Article 21. The study concludes with policy recommendations to bridge the legal-scientific divide and foster greater transparency, accountability, and public trust in India’s nuclear energy trajectory.