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Raj Kumar Makkad (Adv P & H High Court Chandigarh)     25 August 2010

NUCLEAR LIABILITY BILL LOADED AGAINST INDIA


If it was not evident earlier, it should now become clear to all those who are following developments over the Civil Liability for Nuclear Damage Bill that the Union Government is doing its devious best to customise the proposed legislation in favour of foreign suppliers, more specifically, American firms. But for an alert Opposition, it may well have succeeded in its devious designs. Despite agreeing to cleanse the Bill of anything that favours suppliers and absolves them of responsibility in the event of a disaster, the Government continues to tinker with the provisions with the sole intention of somehow smuggling in a law that flies in the face of our national interest. In the latest attempt to place foreign suppliers at an advantage in the eventuality of an accident, the Government's draft Bill proposes that the operator of the plant — which would be a public sector unit — would have the right to seek damages only if the supplier's culpability by way of "intent to cause damage" is established. If this amendment to Clause 17 of the Bill were to pass muster, it would be virtually impossible to penalise suppliers. For, how does one prove "intent to cause damage"? Since no supplier will voluntarily admit malevolent intent, what will result is long-drawn litigation with frustrating results. As it is, the amended provision is loaded against India's interest since it says an operator can seek damages from suppliers only if it is provided in a written contract. In other words, if the operator-supplier contract does not include the provision of damages, the supplier can get away without paying even a farthing.


As with the India-US civil nuclear cooperation agreement, the Prime Minister appears to be bent upon thrusting upon the nation a patently pro-American legislation. And this is being done brazenly in an in-your-face manner. Earlier, the Government inserted an 'and' between two crucial clauses, 17 (a) and (b), thereby seeking to render the issue of damages irrelevant and thus loading the law in favour of suppliers. When that trickery was spotted, the Government insisted it was an oversight and would be corrected. While deleting the 'and', the Government slyly slipped in the caveat about "intent to cause damage". The is unacceptable, not least because this cravenly pro-US dispensation headed by a Prime Minister who strangely believes it is his responsibility to promote and protect American interest, and the Bill, unless it is further amended to remove all offensive clauses, should not be allowed to be presented in Parliament. The BJP and the CPI(M) have stoutly objected to the flawed Bill and blocked its introduction. They must now put up a joint front and ensure the Government's deceitful gameplan is defeated. As he did with the India-US nuclear nuclear deal, the Prime Minister will no doubt try to sell the Bill as something that is of over-riding importance for India, that without the law in place immediately the nation will suffer grievously. That is so much bunkum and no more. The only reason the Government is desperate to get the Bill approved by Parliament is US President Barack Obama's planned visit to India this winter. But there's a difference between the nuclear deal and the nuclear Bill: The first didn't require Parliament's approval; the second does.

 
 



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