Seeking an India-specific waiver to get the civilian nuclear deal rolling, the Bush Administration has sent to the Hill a bill seeking amendments to the American Atomic Energy Act of 1954. But what’s not so well known is that work has already begun in Mumbai to give a new shape to the Indian Atomic Energy Act of 1962 for precisely the same reason.

Two specific amendments are most essential for benefits of the nuclear deal to fructify. First, the Atomic Energy Act has to be amended to allow private players to set up atomic power plants—under existing rules, they are banned from undertaking this activity.

Second, and perhaps more importantly, the regulatory framework which governs atomic energy in India has to be strengthened to build public confidence that safety of nuclear plants will be taken care of while letting in private players.

Anil Kakodkar, chairman of the Atomic Energy Commission (AEC), told The Indian Express that “amendments in the Atomic Energy Act are necessary and the long process to change the Act has been initiated”.

The Indian Atomic Energy Act only permits the government and public sector companies in which the government has over 51 per cent stake to construct and operate atomic power plants. It explains why two public sector undertakings, directly under the Department of Atomic Energy (DAE), play a role in this sector.

All civilian nuclear activity is regulated and controlled by the Mumbai-based Atomic Energy Regulatory Board (AERB) which draws its powers from a government notification of 1983 which empowers AERB to “lay down safety standard and frame rules and regulations in regard to the regulatory and safety requirements”.

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