Friday, September 20, 2013

Don't waiver now on nuclear liability - 20/9/13

The today's editorial deal with the liability of the supplier of nuclear reactors, under the specified constitutional and international laws, in case of any accidents or mishappenings related to the reactors. Under the Act which deals with these rights and laws, Section 17 a, b and c are specified with the details of the rights of the operator of the nuclear reactor and liability of the supplier.  Section 17 (c) says that the operator country can claim the compensation from the supplier country if mentioned in the written agreements between the two countries.
As, India has seen in its past tragic industrial accidents, especially the Bhopal Gas Tragedy, the Indian Constitution is looking forward to take the benefits of this section, by removing any ambiguities the existing nuclear agreement laws has. So, if the clause is added in the contract between the supplier and the operator, then the supplier will be completely liable for any future damages or accidents.
In India the setting up and running of nuclear power plants is totally governed by Government institutions viz. NPCIL and BHAVINI. So, currently these Gov. institutions are to provide monetary compensations in case of any accidents in India. As these are Gov. run institutions, it means it is the money of taxpayers. But acc. to the Supreme Court of India there can be no such agreements between two parties in which they waive off certain claims or rights, if they can adversely affect the public interest; as it would, if the supplier liability section in agreements be waived off.
So, the Parliament of India needs to look objectively on the issue and act to remove any ambiguities in the way of enactment of the law. 

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