Dear freinds refarding damages payable for nuclear accidents, the only
principle is the principle of :"res ipsa loquito" which dispense with proof
of accidents to claum damages. In fact before setting up nuclear plants it
should be made obligatory to set up a fund towards abtdamages which should
be available for immediate disbursement. Unless such clauses are out in
place the nuclear enterprise should not permitted to be set up. In fact we
donot insist on this we have not learnt any thing from Bhopal tragedy
kgkOn 3/10/10, Lollyramu Ramdas <[email protected]> wrote:
>
> Dear Sukla and others,
>
> Unfortunately we have both had problems with our servers and emails - Ramu
> in Hyderabad and self in Alibag.
> If it is not already too late - kindly add both our names to the petition
> on Nuclear Liabilities
>
> 1.Admiral l. Ramdas
>
> 2.Lalita Ramdas
>
> Thanks
>
> Lolly
>
>
> On Tue, Mar 9, 2010 at 1:43 PM, Niloufer Bhagwat <[email protected]>wrote:
>
>>   Error. The underlined word  below "* impose*" should read as " oppose".
>>  It was the Company Union Carbide which deliberately lowered the safety
>> standards of its Bhopal Gas Plant as against plants in the USA and elsewhere
>> .It is now succeeded by DOW CHEMICALS .These Companies are responsible for
>> the production of AGENT ORANGE FOR USE IN WARFARE A WAR CRIME .
>>
>>  ----- Original Message -----
>> *From:* Niloufer Bhagwat <[email protected]>
>> *To:* [email protected]
>>   *Sent:* Tuesday, March 09, 2010 1:38 PM
>> *Subject:* Re: [humanrights-movement:2318] THE BILL TO RESTRICT CIVIL
>> LIABILITY OR DAMAGES PAYABLE FOR NUCLEAR ACCIDENTS IN RESPECT OF NUCLEAR
>> PLANTS BEING ESTABLISHED BY FOREIGN AND INDIAN COMPANIES
>>
>>
>>  The Bill is prima facie unconstitutional and a nullity in Jurisprudence,
>> as there can be no such LEGAL  LIMITATION  on liability .The Bill also
>> indicates that the suppliers( Companies )  are aware of deficiencies which
>> pose a hazard to the lives and the environment of Indian citizens hence the
>> lobbying for the Civil Liability for Nuclear Damage Bill 2009 to be swiftly
>> passed into law as imposed by Companies , which the government is not in a
>> position to *impose* as it has lost  sovereignty of independent decision
>> making in the interest of the citizens .I do not know how many Members of
>> Parliament are aware of this Bill .
>>
>>    REMEMBER THE BHOPAL GAS TRAGEDY , THE LARGEST INDUSTRIAL DISASTER IN
>> ASIA .
>>
>>                                 Niloufer Bhagwat
>>
>> ----- Original Message -----
>> *From:* Sukla Sen <[email protected]>
>> *To:* [email protected] ;
>> [email protected] ; [email protected] ;
>> [email protected] ; [email protected]
>> *Sent:* Monday, March 08, 2010 7:31 AM
>> *Subject:* [humanrights-movement:2318] Action Alert: Pls.Visit<
>> http://www.petitiononline.com/no2cap/petition.html> and Sign Up
>>
>>
>>   *Protest to the Prime Minister of India against �The Civil Liability
>> for Nuclear Damage Bill 2009�
>>
>> *To:  Prime Minister of India
>>
>> To
>>
>> Dr. Manmohan Singh
>> The Prime Minister of India
>> New Delhi 110 001
>>
>>
>> Cc:
>> Smt. Sonia Gandhi
>> The Chairperson of the United Progressive Alliance
>> New Delhi 110 001
>>
>> Dated: March 07 2010
>>
>>
>> Dear Dr. Singh,
>>
>> We, the undersigned, hereby express our grave concern over the recent
>> press reports that �The Civil Liability for Nuclear Damage Bill 2009� is
>> planned to be tabled in the ongoing Budget Session of Parliament and the UPA
>> government is apparently bent upon rushing it through without holding fair
>> and transparent public consultations, regardless of its profound
>> consequences.
>>
>> A quantum leap in installed capacity for nuclear power generation, from
>> the current level of 4,120 MW to 63,000 MW by 2032, which you have committed
>> yourself to, is but an invitation to disaster given the intrinsically
>> hazardous and potentially catastrophic nature of the industry. It is
>> necessary to further bear in mind that the health burden, clean-up and
>> recovery costs for damages arising out of any nuclear accident are
>> irreversible in consequence and generational in effect, poisoning not just
>> human beings in the vicinity of a nuclear plant but the web of life itself
>> through air, water and soil contamination.
>> Yet, pretty much shockingly, the nuclear liability bill, approved by the
>> Union Cabinet in last November, understandably overriding strong objections
>> even from two nodal ministries, viz. Finance and Environment, appears to
>> pave the path for the entry of private enterprises, known to cut corners to
>> maximize profits, not just as equipment suppliers but also as operators of
>> nuclear power plants.
>>
>> The nuclear liability bill, as per the reports leaked in the media,
>> proposes to cap the total liability amount to 3 hundred million Special
>> Drawing Rights. This works out to just about a paltry US$ 450 million or Rs
>> 2100 crore per accident. We find it inconceivable and outrageous that any
>> cap, let alone such a meagre one, be placed on the total liability,
>> regardless of the scale of disaster.
>> Ironically, the total liability cap amount now being proposed, $450
>> million, is marginally less than the amount awarded in the Bhopal Gas case
>> way back in 1989, which was a gross under-assessment of liability even at
>> that time. Today, more than two decades since, and given that a major
>> nuclear disaster could very much dwarf the Bhopal disaster, the proposed
>> nuclear liability cap appears to be truly a slap in the face of the people
>> of this country. Further, while the supplier of nuclear equipment would
>> enjoy standard indemnity, the maximum liability of the operator reportedly
>> would not exceed the ridiculously low amount of Rs 300 crore or thereabout.
>> In fact, it may even be as low as Rs 100 crore. This cannot but be
>> considered as a brazen move towards helping profiteering corporations while
>> penalizing the unsuspecting Indian people, who have elected you to the
>> office you hold.
>>
>> We further draw your attention to the public statement of former Attorney
>> General of India, Soli Sorabjee, that putting a cap on nuclear liability
>> violates the very Right to Life as enshrined in Article 21 of the
>> Constitution.
>> It is shocking that a bill that compromises the Right to Life is being
>> pushed through without soliciting the opinion of the people of the country,
>> whose health and well-being, safety and human rights, and life, are being
>> put directly in danger.
>> This is just unacceptable. We strongly condemn any attempt to introduce
>> any caps whatsoever on nuclear liability and that too without widespread
>> public debate on the issues involved.
>>
>> Hence we demand that the contents of the proposed nuclear liability cap
>> bill be disclosed forthwith to the public.
>> We further demand that widespread public consultations be held before any
>> attempt is made to introduce such profound changes in the nuclear liability
>> regime.
>>
>>
>> Sincerely,
>>
>> The Undersigned<http://www.petitiononline.com/mod_perl/signed.cgi?no2cap>
>>
>>
>> The Protest to the Prime Minister of India against �The Civil Liability
>> for Nuclear Damage Bill 
>> 2009�<http://www.petitiononline.com/no2cap/petition.html> Petition
>> to Prime Minister of India was *created by National Alliance of
>> Anti-nuclear Movements and written by Nilanjana Biswas, Arati Chokshi,
>> Saraswati Kavula, Anand Patwardhan, Prem Verma, Kabir Arora, Santanu
>> Chacraverti, S P Udayakumar, Sukla Sen* 
>> ([email protected]<http://in.mc952.mail.yahoo.com/mc/[email protected]>
>> ).
>>
>> Peace Is Doable
>>
>> ------------------------------
>> Your Mail works best with the New Yahoo Optimized IE8. Get it 
>> NOW!<http://in.rd.yahoo.com/tagline_ie8_new/*http://downloads.yahoo.com/in/internetexplorer/>.
>>
>>
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>>
>
>
>
> --
> Ramu and Lalita Ramdas
> `Lara' - Ramu Farm
> Bhaimala Village
> P.O.Kamarle,
> Alibag 402201
> Raigad Dist, Maharashtra, INDIA
>
> Phone: 0091-2141-248711
> Fax:     0091-2141-248733
> Cell:  [L]   0 9422495315
> Cell:  [R]  0 9860170969
>
>
>
> --
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>



-- 
K.G. KANNABIRAN
National President, PUCL
Plot 300, Street 6, E. Marredpalli
Secunderabad 500 026, AP
Phone: 040-27730632

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