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Raj Kumar Makkad (Adv P & H High Court Chandigarh)     05 May 2010

Civil Nuclear Liability Bill & Bhopal tregedy

The proposed Civil Nuclear Liability Bill has already generated considerable interest among those who followed the developments that led to the civil nuclear cooperation agreement with the US during UPA 1.0. It was considered the biggest achievement of the UPA Government which of course, lost the support of its 'trusted' allies the Leftists. The merits and the demerits of the Bill, once it is introduced in Parliament, will find ample scope for debate. Interestingly, in a round table discussion organised by a voluntary organisation, parliamentarians cutting across party lines complained that of late even important Bills are not getting sufficient time for discussion and members are often unable to express themselves. Hopefully, this will not be the case with the Civil Nuclear Liability.


A spokesperson for the party in power specifically stated at the round table conference that "all concerns related to the Bill can be addressed once it is introduced in Parliament and referred to a standing committee". A senior politician from the other side rued that the recommendations of the standing committee are not binding on the Government and there are instances in which these are repeatedly rejected. While the technical merits and demerits would require expert opinion, it is interesting to note that the Atomic Energy Act of 1962 completely prohibits private sector participation in the atomic power sector. The Government has also been stating that private sector players shall not be allowed. Then why is the US establishment so keen to ensure the passage of the Civil Nuclear Liability Bill as early as possible? Some senior functionaries of the US Government have stated on record that the interests of American businessmen shall be protected. And the Bill clearly provides for operators ' liability. Therefore the question is: Who shall be the operators? Will American pressure result in an amendment to the Atomic Energy Act?


What happens when an industrial disaster of the magnitude of the Bhopal gas tragedy strikes? Survivors of such tragedies know the level and extent of generational damages that these catastrophes can cause apart from the immediate loss of lives. In the Bhopal gas tragedy the death toll in the first few days alone was 10,000 even by the most moderate of estimates. It may be relevant to recall the sequence of events that one witnessed beginning on the intervening night of December 1 and 2, 1984, as the head of the Regional College — now Institute— of Education. This writer was informed by one of his alert colleagues JN Wallabhdas that there was a huge gas leakage from the Union Carbide factory and that there was total chaos. We rushed to the hostels and residential areas of our institute to prevent any panic among the inmates. Attempts were made to contact functionaries at various levels to know the real situation on the ground without any success.


Those were pre-mobile phone days and to get a telephone contact was a matter of luck. As the factory was located near the railway station, we tried a number on the railway platform. The response was heartbreaking: "Sir, mar raha hun, bachaaiye." Then there were no words from the other side. I kept holding the receiver for several more minutes but nothing more was heard.


People died in huge numbers on the railway platforms. The station master Dhurve presented a rare example of devotion to duty and once he guessed the enormity of the tragedy he did his best to stop trains outside Bhopal. He sacrificed his life in the process. Trains which arrived at the station were caught completely unawares; passengers opened the door, breathed in the poisonous Methyl Iso-cynate gas and dropped dead.


We too inhaled the poisonous gas on the campus. It did not even occur to me that the life-saving precaution in such cases was to lie flat on the ground and put a wet cloth on one's face. We survived as the institution was located some eight kilometre away and there was the Bhopal lake in between us and the site of the disaster. The latter reduced the intensity of the gas. For the next six days, the students and teachers of the institution and all categories of staff were trying to help the victims and locate dead bodies which, even on the fifth and sixth day of the disaster, were being uncovered from remote slum dwellings.


The Union Carbide guest house and research facility was located across the campus. The State administration wanted to whisk away Warren Anderson, the Union Carbide boss, to the airport quickly and quietly. We all felt insulted and shared a sense of helplessness in the face of Government pressure to ensure the safety of the offender of this massive disaster.


It is noteworthy that the compensation amount of $ 470 million to the victims of the Bhopal gas tragedy still remains intact in deposits. But February 1985 onwards, only the interest on the compensation amount has been distributed to the victims. The latter are still fighting and suffering. And these sufferings are of innumerable varieties. None can assess in one go the real damage such tragedies can cause for generations together. The State Government has changed several times over. Even the political parties in the State have changed. But the approach to the victims of the Bhopal gas tragedy has remained the same. The officials can cite huge data in terms of establishing hospitals, distributing cash, etc, but the people know well the inefficiency that plagues the Government's delivery mechanism which is invariably capped with omnipresent corruption. It never spares even victims of such tragedies.


Union Carbide did not follow any of the statutory safety precautions that were prescribed in rule books. No human habitations were to be allowed within a prescribed distance around the factory. But no one bothered to follow this guideline and those living nearest suffered the maximum. The compensation amount of $ 470 million was far below what would have been granted in the US to its own citizens in such an event. Yes, people did feel humiliated all around the country.


Bhopal was no Chernobyl. Yet, there is so much to learn from Bhopal. I shudder to recall the sight of hundreds of bodies lying on the floor of the Gandhi Medical College and Hamidiya hospital. I would not like future generations to witness such a tragedy. This is not an expression of emotions alone but a fervent plea to those who are keen to pass the Civil Nuclear Liability Bill. They must ensure that human life is valued and that equality is maintained at least in disaster, destruction and death.


 



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 1 Replies

S.Sabarinadh (Student)     06 May 2010

Always the crores of People becomes the clowns and puppets for the political parties in and out of power.............

Now a days it has became a style and common practice and many are accustomed to the same!!!!!!!!!!!!!!!!!!!!!


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