Govt thinking of dropping key clause in nuclear liability bill

The government is understood to be considering changes in the nuclear liability bill, including a proposal to drop a crucial clause that would compel a foreign nuclear supplier to provide for compensation in case of accidents due to wilful action or gross negligence.

The changes coming against the backdrop of light sentencing in the Bhopal gas tragedy verdict have already come under attack from political parties including the BJP and the Left parties which have said it was being done under American pressure.

The government intention is believed to have been conveyed during a meeting of the Parliamentary Standing Committee on Science and Technology on Tuesday by the department of atomic energy (DAE).

The changes appear to have even caught off guard the ministry of external affairs, which plays a key role in forging cooperation with the US and other nations for the government.

Highly placed sources in the ministry of external affairs said Section 17(b) was part of the bill at least till last week and they were not aware if changes were being mooted by the DAE. However, the sources maintained that the government  would not take away the liability of the supplier under contractual obligation and that the interests of the common man would be protected.

This, they claimed, would be ensured in the context of the Bhopal court verdict that has highlighted the lacunae in Indian laws in dealing with such industrial disasters and to provide adequate compensation for the victims.

There was no official word from the government on the changes except a terse press release from the DAE which referred to news reports on deletions and modifications in the bill.

It merely said the Civil Liability for Nuclear Damage Bill, 2010 was under consideration by a Parliamentary Committee, which is "examining all aspects".     

"The government's role is limited and will continue to be restricted to providing inputs in response to queries put to it by the committee," the release said.

The important change in the Bill, tabled in the Lok Sabha on May 7, being considered by the government relates to Clause 17 which has provisions for "right of recourse" to an operator of a nuclear plant which is the state-run Nuclear Power Corporation of India Limited (NPCIL).

As it stands, it provides for right of recourse in three conditions --
(a) such right is expressly provided in the contract in writing;
(b) the nuclear incident has resulted from the wilful act or gross negligence on the part of the supplier of the material, equipment or services, or of his employee; (c) the nuclear incident has resulted from the act of commission or omission of a person done with the intent to cause nuclear damage.

Senior BJP leader Murli Manohar Joshi said his party would oppose the Bill both in Parliament and outside.

Referring to the Chernobyl nuclear disaster in Russia, the BJP leader said the incident took place in a country where the population density is scarce while in India such incidents would be a disaster as the density of population here is one of the highest in the world.

"It is necessary to look into the safety and security of all such plants," he said and charged the United States with not considering India as a developed country or even an emerging power.

Referring to the Bhopal gas disaster and Warren Anderson fleeing the country, Joshi said the Congress government at that time under "US pressure" allowed him to escape from India.