India's liability law needs amendment, hasn't instilled confidence in international nuclear industry: EAM Jaishankar

External Affairs Minister S Jaishankar has pitched for amending India's Civil Liability for Nuclear Damage Act as part of the government's move to open up the nuclear sector to bring investments and reach the goal of 100 gigawatts of nuclear energy by 2047 and noted that past policies have not produced the desired outcomes.

Speaking at the Carnegie Global Technology Summit 2025 here on Friday, Jaishankar also suggested private sector participation in the nuclear energy sector, saying there is already a strong expression of interest.

"I think it is the declared position of the government that we need to look at the liability law because clearly, the current law has not instilled confidence in the international nuclear industry for nuclear projects to take place in this country," Jaishankar said, answering queries.

"That is a fact of life. We have tried various options in the hope that we could bridge that gap, and I think we have come to the conclusion that maybe that liability law needs to be amended because, at the end of the day, what is the good of having a great initiative if it does not deliver goods on the ground? So what we started off in 2005 as the opening of our pathway, if it has not produced the kind of outcomes envisaged 20 years ago, we should have the honesty to ask ourselves, what is to be done differently? I would say that this government has the courage to ask that question," he added

Jaishankar was referring to the India-US Joint Statement of July 2005 which marked full civil nuclear energy cooperation, unencumbered by the erstwhile technology denial regime. The United States had stated that it had no desire to restrict progress in the peaceful uses of nuclear energy and that it wanted to promote the full potential for cooperation.

Jaishankar said that looking at the global nuclear industry, there is a role for the private sector in most cases.

He said the State has designated responsibilities including that of regulator and with regard to safety, security and safeguards

"There is question we should be asking ourselves if we should not be opening it to the private sector and I can tell you, anecdotally, already has evoked strong expression of interest from the private sector," he said.

The minister said that legislative changes and the role of the private sector are two aspects and the government has taken a view to look at it and move forward.

In her budget speech this year, Finance Minister Nirmala Sitharaman had said that the development of at least 100 GW of nuclear energy by 2047 is essential for India's energy transition efforts.

"For an active partnership with the private sector towards this goal, amendments to the Atomic Energy Act and the Civil Liability for Nuclear Damage Act will be taken up. A Nuclear Energy Mission for research & development of Small Modular Reactors (SMR) with an outlay of Rs 20,000 crore will be set up. At least five indigenously developed SMRs will be operationalized by 2033," she said.

The government has also emphasised that nuclear energy is critical for India's net zero goal. It has outlined that achieving 100 GW of nuclear power will require a focused and determined approach, adding around 4 GW annually.

The proposed involvement of the private sector in designing, building, and operating nuclear power plants will need legislative amendments to the Atomic Energy Act, Civil Liability for Nuclear Damage Act, and the Electricity Act.

India's nuclear power capacity is set to expand to 22,480 MW by 2031-32, with ten reactors under construction across Gujarat, Rajasthan, Tamil Nadu, Haryana, Karnataka, and Madhya Pradesh. Additionally, plans for ten more reactors are in progress, with a major 6 x 1208 MW nuclear power plant in collaboration with the USA at Kovvada, Andhra Pradesh.