SC dismisses petition seeking private licence for exploitation of atomic energy

New Delhi: The Supreme Court of India has dismissed a petition filed by an Indian physicist based in United States of America seeking a direction to the government of India to license a nuclear fission technology developed by him for clean energy production.

Atomic Energy Act 19621 unduly restrict the involvement of private entities in licensing for nuclear power: Petitioner

The petition filed by Sandeep TS in the Supreme Court said that the provisions of the Atomic Energy Act 19621 unduly restrict the involvement of private entities in licensing for nuclear power. The petition says that the provisions of the Atomic Energy Act 1962 unduly restrict the involvement of private entities in licensing for nuclear power.

What does Atomic Energy Act say?

According to the Atomic Energy Act, “no licence shall be granted to a person other than a department of the central government or any authority or an institution or a corporation established by the Central Government, or a Government company…” for any plant designed or adopted or manufactured for the production, development and use of atomic energy or for research into matters connected therewith.

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Advocate representing Sandeep TS submitted to the court that the US-based Physicist had developed a technology to trigger nuclear fission for clean energy production minimizing radioactive waste as compared to traditional fusion reactors. The bench, however, refused to intervene into the matter saying it was a policy issue.

We do not find any reason to entertain the petition: Apex court

The bench of Chief Justice of India, DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra said, “The Parliamentary regime envisages a calibrated exploitation of atomic power, subject to stringent safeguards, bearing in mind the likely consequences of misuse and, for that matter, of an accident. These provisions which have been introduced in the Act of Parliament, namely, the 1962 Act, cannot be regarded as arbitrary on interfering with the fundamental rights of the petitioner. Therefore, we do not find any reason to entertain the petition under Article 32 of 2 the Constitution. The petition is accordingly dismissed.”