New Delhi, November 17, 2011: The rules notified for the Civil Liability for Nuclear Damage Act 2010 have diluted the right to seek recourse from foreign suppliers. After opposition from the BJP, CPI as well as the civil society, the right to recourse for the operator to seek compensation from foreign suppliers was included in the draft last year and approved by the parliament. This clause has now been reduced to being insignificant.
Reacting to the notification of the rules, Greenpeace nuclear and energy campaigner, Karuna Raina said.
“The notified rule, in an apparent attempt to clarify the right to recourse, considerably changes it from what was approved last year amid protest from the opposition, both inside and outside the parliament.”
“The government has undone the efforts put in by thousands of individuals and organizations that fought for a stringent Liability Act. The lessons learnt from Bhopal Tragedy have clearly not made any difference to the government. For them foreign interest is paramount and much above well being of its people's”, Raina concluded.
Notes to the editor:
- The 2011 Rules, which is essentially subordinate legislation, have to be, by law in conformity with the main legislation, the 2010 Act. Subordinate Legislations are meant to pace up the work for legislature, however the Committee on Subordinate Legislations, itself has identified “risks” when executive is given law-making authority, in this case department of Atomic Energy.
The rules on Liability as published in ,”The Gazette of India” and published on 11th November are not consistent with the 2010 Act and is an example of this kind of risk. The Parliament should use its powers and amend the rules so that the real spirit of the Act is upheld.
Complete text - Analysis of the notification of Rules: http://www.greenpeace.org/india/Global/india/Rules-Analysis.pdf
For more information contact:
Campaign: Karuna Raina, Nuclear and Energy Campaigner - +91 9901799669,
Media: Hozefa Merchant, Media Officer - +91 9819592410, ">