Tamil Nadu
,
Kudankulam
,
Tirunelveli
Published :
May 2022
|
Updated :
May 2, 2023
Another reason for locals to protest the Kudankulam Nuclear Power Plant
Reported by
Hariprasad Radhakrishnan
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
2996
Households affected
People affected
1990
Year started
1053
ha.
Land area affected
2996
Households affected
People Affected
1990
Year started
1053
Land area affected
Key Insights
Sector
Power
Reason/Cause of conflict
Nuclear Power Plant
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Power
Reason/Cause of conflict
Nuclear Power Plant
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

The Kudankulam Nuclear Power Plant (KNPP) again became a site of protest with the Nuclear Power Corporation of India (NPCIL) floating tenders to set up an away-from-reactor (AFR) facility for units 3 and 4 of the KNPP. This proposal three years after a similar plan for the construction of a AFR facility for the first two units was postponed indefinitely following widespread opposition.

India's largest nuclear power plant so far, and a symbol of Indo-Russian cooperation, the KNPP is not new to protests. Since the time it was proposed in 1979, the plant has been opposed by local residents and fishing communities who have been concerned about the loss of livelihood due to environmental degradation from radioactive effluents that may come out of the plant. The construction of the plant began in 2001, and it became operational in 2013. Between this period a strong people's movement arose in Tirunelveli district to resist the setting up of this plant. In 2011, following the Fukushima disaster in Japan in which close to 15,000 people were killed, women residents of Idinthakarai village of Tirunelveli district led to huge protests against the KNPP. The then Tamil Nadu government came down heavily on the protestors and filed sedition charges against almost all residents of Idinthakarai, i.e. around 9,000 individuals.

In March 2022, the Kudankulam village panchayat passed a resolution against the construction of the AFR facility. Locals fear that the spent nuclear fuel stored in the AFR will pose a serious environmental hazard to the area. Further, Tamil Nadu Chief Minister MK Stalin wrote to the Prime Minister requesting the government to transport the spent nuclear fuel to Russia or set up a deep geological repository (DGR) in an uninhabited and ecologically non sensitive area to store the waste. It may be noted that the Supreme Court had given NPCIL until April 30, 2022 to construct a DGR. However, there has been no progress on this front so far.

LCW spoke with environmental activist G Sundarrajan of Poovulagin Nanbargal, an NGO which moved the Supreme Court against the KNPP previously. He said that he would approach the court again for the DGR.
As of May 2022, the KNPP remains India's largest nuclear plant with 2 units functional, and another 4 units under construction.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand to cancel the project

Complaint against procedural violations

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common

What was the action taken by the police?

Arrest

How many people did the police detain or arrest?

195

What is the current status of the detained/accused persons?

Undergoing trial

Did the person face any violence while in police custody?

Yes

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Yes, they were produced within 24 hours

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Indian Penal Code, 1860

Sections 121, 124A, 153A

Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992; Criminal Law Amendment Act, 1934

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

Yes they were informed, Yes they had access

In cases where the accused person approached the court for bail, was bail granted?

No

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Rejected without prejudice

Were there any other notable irregularities that took place, or other significant details?

The FIR that was filed had only the names of SP Uthayakumar, S. Sivasubramanian and K. Rajalingam and 192 others - states SP Uthayakumar

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

SP Uthayakumar - 9865683735

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

39849

Type of investment:

Cost of Project

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Department of Atomic Energy, Bhabha Atomic Research Centre, Atomic Energy Commission, Atomic Energy Regulatory Board, Tamil Nadu Pollution Control Board

PSUs Involved in the Conflict:

Nuclear Power Corporation of India Limited

Did LCW Approach Government Authorities for Comments?

Yes

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

No

Communities/Local Organisations in the Conflict:

People's Movement Against Nuclear Energy, Poovulagin Nanbargal

5
Information on the use of criminal law

What was the action taken by the police?

Arrest

How many people did the police detain or arrest?

195

What is the current status of the detained/accused persons?

Undergoing trial

Did the person face any violence while in police custody?

Yes

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Yes, they were produced within 24 hours

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Indian Penal Code, 1860

Sections 121, 124A, 153A

Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992; Criminal Law Amendment Act, 1934

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

Yes they were informed, Yes they had access

In cases where the accused person approached the court for bail, was bail granted?

No

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Rejected without prejudice

Were there any other notable irregularities that took place, or other significant details?

The FIR that was filed had only the names of SP Uthayakumar, S. Sivasubramanian and K. Rajalingam and 192 others - states SP Uthayakumar

Legal Supporting Documents

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Author
Reported by
Hariprasad Radhakrishnan

Hariprasad is a Tamil Nadu-based independent journalist who writes primarily on environmental and developmental issues. He has worked for and contributed to a number of leading publications. He can often be seen playing chess or struggling to learn the keyboard.

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Fact sheet

Demand/Contention of the Affected Community

Demand to cancel the project

Complaint against procedural violations

Opposition against environmental degradation

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Yes, they were produced within 24 hours

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

Yes they were informed, Yes they had access

In cases where the accused person approached the court for bail, was bail granted?

No

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Rejected without prejudice

Were there any other notable irregularities that took place, or other significant details?

The FIR that was filed had only the names of SP Uthayakumar, S. Sivasubramanian and K. Rajalingam and 192 others - states SP Uthayakumar

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

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