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.
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?
Were there any other notable irregularities that took place, or other significant details?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
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
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
No
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Violation of environmental laws
Non-consultation with stakeholders
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
Supreme Court
Case Number
Civil Appeal No. 4440 of 2013, Miscellaneous Application no. 1104 of 2017, and Misc. App. no. 702 of 2022
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Arrest/detention/imprisonment
Surveillance
Judicial harassment
Whether criminal law was used against protestors:
Yes
Reported Details of the Violation:
In 2012, the Kudankulam Nuclear Power Plant was met with widespread protests. The State government, led by the then Chief Minister J Jayalalithaa, cracked down on the protests against the plant by filing criminal complaints against several individuals.
Date of Violation
October 28, 2012
Location of Violation
Kudankulam, Tirunelveli district
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
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?
Were there any other notable irregularities that took place, or other significant details?
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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