INTRODUCTION

Nuclear energy has become a significant part of energy policy in India, providing a cleaner source of energy than fossil fuels and bolstering the country’s technological and strategic capacity. The generation and use of nuclear energy, however, will produce radioactive waste, which is hazardous because of the toxic properties of the waste and its long-lasting radiological effect. If not managed safely, radioactive waste can contaminate the air, water, and soil, thus compromising surrounding communities and the environment.

To respond to these hazards, the Government of India enacted the Atomic Energy (Safe Disposal of Radioactive Wastes) Rules in 1987 using the legislative powers granted by the Atomic Energy Act, 1962. The Rules provided a complete regulatory framework for handling, storing, and disposing of the radioactive waste; included requirements for prior authorization for operations and disclosures about the environment, monitoring, and accountability. This was an important step in ensuring that the evolution of nuclear energy in India happens with environmental protection and with life, protected by Article 21 of the Constitution of India.

NUCLEAR ENERGY AND ENVIRONMENTAL DEGRADATION

Nuclear energy contributes to the environment pollution in two ways—

1. Nuclear explosion or use of nuclear ballistic missiles,
2. Use of and residue of NNPs in storage, transportation and disposal of nuclear waste.  

International incidences of nuclear explosion have caused to enactments of various treaties, agreements, commonly the “Nuclear Law”. It is the body of special legal norms created to regulate the conduct of legal or natural persons engaged in activities related to fissionable materials, ionizing radiation and exposure to natural sources of radiation.

The Environmental Degradation stems of the Nuclear energy primarily from radioactive wastes, which remains hazardous for thousands of years, and risks of accidents, which can cause severe, localized ecological damage. The process also involves uranium mining, which pollutes air, water, and land with radioactive materials, and the discharge of heated water from power plants, impacting aquatic ecosystems.

BACKGROUND OF THE RULES

The Atomic Energy (Safe Disposal of Radioactive Wastes) Rules, 1987, were officially enacted on February 3, 1987.

These rules were established by the Central Government and derive their authority from specific sections of the Atomic Energy Act, 1962. Specifically, they were made in exercise of the powers conferred by:

• Sub-section (1) read with clause (i) of sub-section (2) of Section 30 of the Act,
• Clause (b) of sub-section (1) of Section 17 of the Act,

whereby the Central Government is empowered to make such rules that aid in implementing the objectives of the Act more effectively.

The rules came into force on the date of their publication in the Official Gazette.

THE ATOMIC ENERGY ACT, 1962

The adverse environmental impact of nuclear energy and radioactive substances is governed by the Atomic Energy Act of 1962. Under the Act, the central Government is required to prevent radiation hazards, guarantee public safety the safety of workers handling radioactive substances and ensure the disposal of radioactive wastes. Nuclear research, manufacture and transport of radioactive substances, the production and supply of atomic energy and nuclear generated electricity also falls within the centre’s authority. Having regard to the development in the field of atomic energy and with a view to the implement future programme of expansion in the field, it has become necessary to revise that Act extensively in relation to environmental safety and assessment. The Central Government may, as regards to any class or description of premises or places, being premises, or places, in which radioactive substances are manufactured, produced, mined, treated, stored or used or any radiation generating plant, equipment or appliance is used, make such provision by rules as appears to the central Government to be necessary—

• To prevent injury being caused to the health of persons employed at such premises or places or other persons either by radiations, or by the ingestion of any radioactive substance.
• To secure that any radioactive waste products resulting from such manufacture, production, mining, treatment, storage, or use as aforesaid is disposed of safely.

ATOMIC ENERGY AND RADIOACTIVE WASTES – EXPLAINED

ATOMIC ENERGY

Atomic Energy means the energy released form atomic nuclei as a result of any process, including the fission and fusion processes. Nuclear energy is a form of energy released from the nucleus, the core of atoms, made up of protons and neutrons. This source of energy can be produced in two ways: fission – when nuclei of atoms split into several parts – or fusion – when nuclei fuse together. The operation of nuclear power plants produces waste with varying levels of radioactivity. These are managed differently depending on their level of radioactivity and purpose.

In other words, it is the energy that is released through a nuclear reaction or radioactive decay process. One kind of nuclear reaction is fission, which occurs in a nuclear reactor and releases energy, usually in the form of heat and radiation. In a nuclear power plant, this heat is used to boil water to produce steam that can be used to drive large turbines. The turbines drive generators to produce electrical power.

RADIOACTIVE WASTES AND ITS CLASSIFICAITON

Radioactive Waste means any waste material containing radionuclides in quantities concentrations as prescribed by the competent authority by notification in the official gazette. Radioactive (or nuclear) waste is a by-product from nuclear reactors, fuel processing plants, hospitals and research facilities. Radioactive waste is also generated while decommissioning and dismantling nuclear reactors and other nuclear facilities. There are two broad classifications: high-level or low-level waste.

• High-level waste is primarily spent fuel removed from reactors after producing electricity. High-level wastes are hazardous because they produce fatal radiation doses during short periods of direct exposure. For example, 10 years after removal from a reactor, the surface dose rate for a typical spent fuel assembly exceeds 10,000 rem/hour – far greater than the fatal whole-body dose for humans of about 500 rem received all at once. If isotopes from these high-level wastes get into groundwater or rivers, they may enter food chains. The dose produced through this indirect exposure would be much smaller than a direct-exposure dose, but a much larger population could be exposed.

• Low-level waste comes from reactor operations and from medical, academic, industrial, and other commercial uses of radioactive materials. Low-level waste includes items that have become contaminated with radioactive material or have become radioactive through exposure to neutron radiation. This waste typically consists of contaminated protective shoe covers and clothing, wiping rags, mops, filters, reactor water treatment residues, equipment and tools, luminous dials, medical tubes, swabs, injection needles, syringes, and laboratory animal carcasses and tissues. The radioactivity can range from just above background levels found in nature to much higher levels in certain cases such as parts from inside the reactor vessel in a nuclear power plant.

THE ATOMIC ENERGY REGULATORY BOARD (AERB)

The Atomic Energy Regulatory Board (AERB) is India’s principal regulatory authority, established in 1983 under the Atomic Energy Act, 1962, to ensure public and environmental safety from the risks of nuclear energy and ionizing radiation. Its key functions consist of establishing, implementing and recommending safety regulations, issuing licenses, inspecting, and enforcing regulations for all nuclear and radiation facilities in India. AERB also regulates industrial safety in units under the Department of Atomic Energy (DAE) and radiological safety in all applications through the licensing process, safety codes and quality assurance measures. The Atomic Energy (Safe Disposal of Radioactive Wastes) Rules was also enacted by the board.

AUTHORISATION UNDER THE RULES

“Authorised Person” means a person authorised by the competent authority to dispose of radioactive waste in accordance with the provisions of the rules.  

REQUIREMENTS AND ISSUANCE OF AUTHORISATION

An application in Form I must be submitted to the competent authority by any person or organisation seeking to dispose of or transfer radioactive waste. The application must include comprehensive details such as the process and equipment generating waste, waste monitoring and control systems, local environment, staff employed, safety devices, estimated annual releases, accident analysis and response procedures, waste surveillance design, and principal radionuclides expected to be released. Additional information can be asked by the competent authority to assess safety.

The competent authority evaluates the application for compliance with Rule 4 requirements. If satisfied, authorisation for disposal/transfer is issued in Form II, specifying conditions, maximum permissible quantities, disposal modes, and technical requirements.

DUTIES OF AN AUTHORISED PERSON

• Disposal must strictly adhere to the authorisation terms and relevant rules.
• Detailed records must be kept in Form III for the required period.
• Compliance with the Radiation Protection Rules, 1971, is mandatory.
• Operations that could result in accidents beyond those covered in the submitted safety analysis are prohibited.
• Continuous personnel monitoring, environmental surveillance, and quarterly reporting in Form IV are obligatory.

Other duties include prevention of entry into restricted areas by making adequate arrangements and ensuring that only the essential staffs remains in the said areas to perform necessary operations.

CANCELLATION OF AUTHORISATION

The competent authority has the power to suspend or cancel an authorisation if it believes the authorised person has failed to comply with any conditions of authorisation, provisions of the Act, or the rules. Before taking such action, the authorised person must be given an opportunity to show cause (i.e., a chance to present a defence). The competent authority is required to record reasons for the decision to suspend or cancel the authorisation.

RADIOLOGICAL SAFETY OFFICER

A Radiological Safety Officer (RSO) under the Rules is a person designated by an authorized facility, with the approval of the competent authority, to ensure radiation safety in the handling and disposal of radioactive wastes. The RSO is responsible for advising, instructing, and ensuring regulatory compliance for radiation safety during waste handling and disposal within the facility, safeguarding workers, the public, and the environment.

QUALIFICATIONS

The Radiological Safety Officer must meet specific minimum requirements:

• Educational Qualification— a graduate in science with mathematics and physics as subjects.
• Training— Training in radiological safety at the Bhabha Atomic Research Centre or another organization recognized as equivalent by the competent authority.
• Experience— One year of experience discharging relevant duties under a qualified Radiological Safety Officer.

DUTIES AND FUNCTIONS

The Radiological Safety Officer’s primary duties in a radiation installation include—

Advisory Role— Advising the employer on the safe handling and disposal of radioactive wastes and steps to prevent operational limits from being exceeded.

Instruction and Surveillance— Instructing radiation workers on radiation hazards, safety measures, and work practices to minimize exposure and contamination. They must also ensure adequate radiation surveillance for workers and the environment.

Waste Testing— Carrying out tests on conditioned radioactive wastes as specified by the competent authority.

Facility Safety— Ensuring that all buildings, laboratories, and plants where radioactive wastes are handled, produced, conditioned, stored, or discharged from, are designed to provide adequate safety.

Instrument Assessment and Calibration— Assessing the required radiation protection instruments for the installation and ensuring they are properly calibrated and in use.

Hazard Investigation— Helping to investigate and initiate prompt remedial measures for any situation that could lead to radiation hazards.

Reporting Hazardous Situations— Ensuring that reports on all hazardous situations (including those referred to in Rule 14 or concerning operational limits) are immediately made available to the employer and a copy sent to the competent authority, along with details of any immediate remedial actions.

Compliance— Ensuring proper adherence to the provisions of the Radiation Protection Rules, 1971.  

Besides these, in the event of an accidental release leading to personnel, surface, or environmental contamination, the Radiological Safety Officer must take immediate steps for decontamination of affected personnel and areas, and initiate other necessary remedial measures. Also, he should immediately inform the employer and the competent authority, providing details of the incident, initiated remedial measures, and the program for disposal of any contaminated material.

OTHER KEY PROVISIONS OF THE RULES

APPEAL

Rule 21 of the Atomic Energy Rules outlines the procedure for appeals concerning authorizations for radioactive waste disposal. An appeal can be made to the Central Government if the competent authority issues an order to suspend, cancel, or refuse an authorization.

Appeal Requirements—

• The appeal must be submitted in writing.
• It must include a copy of the order that is being appealed against.
• The appeal must be presented within thirty days of the date the order was passed.

MODIFICATIONS OR CLOSURE

Modifications of any such working conditions of or new installations for radioactive waste disposal are to be done only with a prior permission and approval from relevant competent authority. The same applies to closure or decommissioning of these installations.  

Case Laws on Atomic Energy Rules, 1987.

G.Sundarrajan v. Union of India & Ors. –

The case revolved around the Kudankulam Nuclear Power Plant (KKNPP), which was set up by relevant statutes, rules and boards. The appellants raised concerns about the safety of the plant, particularly in light of past nuclear disasters at Three Mile Island (USA), Chernobyl (Russia), and Fukushima (Japan). They argued that the plant should not be commissioned until sufficient safeguards were in place, based on the recommendations of a Task Force appointed by NPCIL. They contended that the AERB and NPCIL were legally obliged to implement these recommendations to safeguard the fundamental right to life and property of the people residing in and around Kudankulam, as guaranteed under Article 21 of the Constitution of India.

The court observed that the KKNPP had been set up following all safety standards laid down by the AERB and that its design incorporated advanced safety features. It noted that the plant had provisions for withstanding external events and had adequate measures for the safe disposal of radioactive waste and spent fuel. The court also noted that steps were being taken to implement the 17 recommendations made by the Task Force of NPCIL. It therefore, held that it could not sit in judgment over the decision taken by the Government of India, NPCIL, etc., for setting up the KKNPP in view of the Indo-Russia agreement, stating that courts could not stand in the way of the Union of India honouring its inter-governmental agreement with Russia. The court concluded that the plant was safe and could be commissioned, subject to the AERB’s on-going regulatory and safety measures. It also directed the NPCIL to submit a report on the compliance of each of the 17 recommendations before commissioning the plant.

The court’s decision in this case underscored the importance of balancing the need for nuclear power with the imperative of ensuring safety standards to protect the life and property of the people and the environment.

People’s Union for Civil Liberties & Anr v. Union of India & Ors. –

The appellants People’s Union for Civil Liberties (PUCL) had sought for disclosure of a report on safety of nuclear installations, submitted by the Atomic Energy Regulatory Board (AERB) to the Delhi government in November 1995, envisaging issues relating to purported safety violations and defects on various nuclear installations & Power Plants across the country. It was contended by UOI that the report was classified as “Secret” as it pertains to several sensitive facilities carried out dummy nuclear installation and raised a plea of privilege in relation to the said report. The petitioners had moved the Supreme Court after the Bombay High Court had rejected their petition in January 1997. The petitioners had also raised doubt about the safety aspect with regard to disposal of nuclear waste. 

The Supreme Court held that the restrictions as regard disclosure of information as contained in Section 18 of the Atomic Energy Act are not vague or wide in nature. It specifies the areas where such disclosures are prohibited. The powers of the Central Government to make an order in terms thereof are, thus, limited. Therefore Section 18 is cannot be considered unconstitutional and is a valid piece of legislation. It has not been contended nor could it be contended that the operation and functioning of a nuclear plant is not sensitive in nature. Any information relating to the training features processes or technology cannot be disclosed as it may be vulnerable to sabotage. 

Rejecting the petition by the People’s Union of Civil Liberties (PUCL) and the Bombay Sarvodaya Mandal for making public the government report, the Court ruled that the petitioners were “not entitled” to get the document declared as “secret” by the Union Government under Section 18 of the Atomic Energy Act 1962.

CONCLUSION

The Atomic Energy (Safe Disposal of Radioactive Wastes) Rules, 1987 are a foundational element of the nuclear regulatory structure in India. By requiring authorisation for disposal, specifying environmental safeguards, and enabling inspections, the Rules represent a systematic method of addressing one of the most dangerous by-products of nuclear energy. As courts in India have reaffirmed the rules’ importance, linking compliance with the rules to the constitutional guarantee of the right to life under Article 21, safe disposal of waste has moved from a regulatory obligation to a matter of fundamental rights.

Nevertheless, problems remain with effective enforcement of the Reactors, especially in localities where community members are subjected to harmful disposal methods. The future will require greater oversight, responsive public engagement, and consistency with international best practices. The 1987 Rules epitomise India’s acknowledgement that the advancement of nuclear technology needs to carry substantial responsibilities which should be equally weighted with safety, sustainability, and public health.

AUTHOR’S INFORMATION

Nitya Ramachandran is a law student at Government Law College, Coimbatore, affiliated to Tamil Nadu Dr. Ambedkar Law University. With a keen interest in Corporate Law, Contract Law, and Intellectual Property Rights (IPR), Nitya aspires to contribute to contemporary legal disclosure and practice by engaging with emerging issues in corporate governance, commercial transactions, and the protection of intellectual creations.

REFERENCES

• https://www-pub.iaea.org/MTCD/Publications/PDF/Pub1160_web.pdf.
• https://www.eia.gov/energyexplained/nuclear/nuclear-power-and-the-environment.php.
• https://www.iaea.org/newscenter/news/what-is-nuclear-energy-the-science-of-nuclear-power.
• https://www.nrc.gov/reading-rm/basic-ref/glossary/atomic-energy.html.
• https://www.aerb.gov.in/english/about-us/functions-of-aerb#:~:text=Functions%20of%20AERB%20%7C%20AERB%20%2D%20Atomic,environmental%20releases%20of%20radioactive%20substances.
• https://indiankanoon.org/doc/184104065/.
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