India’s Civil Liability for Nuclear Damage Act has emerged as an appropriate template that could rekindle the nuclear energy sector while also safeguarding the public interest.

While the exact nature of the understanding between the two countries is yet to be announced and in fact may never be officially released, it is possible to offer an outline of the possible “memorandum” with possible understandings on all the three liability issues as well as the administrative arrangements.

There is a general feeling among analysts that while US government lawyers may have been satisfied that the CLNDA is compatible with CSC in light of explanations offered by the Indian government, this view is being reportedly challenged by nuclear industry lawyers.

India is already in de facto observance of the spirit of the CTBT by maintaining its unilateral moratorium on nuclear explosive testing. Given that additional nuclear tests may not be needed, it could well reconsider its current position on signing the treaty.

“Credible minimum deterrence” is the cornerstone of India’s nuclear doctrine. It, used in conjunction with the concepts of “No First Use” (NFU) and “Non Use” against non nuclear weapon states, clearly indicates that India envisages its nuclear weapons as only a deterrent and not as a means to threaten others.