Thanks a lot.
Sukla

Peace Is Doable.

--- On Wed, 14/4/10, Niloufer Bhagwat <[email protected]> wrote:

From: Niloufer Bhagwat <[email protected]>
Subject: Re: [humanrights-movement:2466] CNDP Open Letter to the  
PrimeMinisterofIndia, and Ruling UPA Chairperson,Demanding Public  Consultation 
on 'CivilLiability for Nuclear Damage Bill 2010'
To: [email protected]
Date: Wednesday, 14 April, 2010, 4:15 PM



 
 


 
 I endorse the  Letter forwarded 
below.
 
         
Niloufer Bhagwat

  ----- Original Message ----- 
  From: 
  Sukla Sen 
  
  To: [email protected] 
  ; [email protected] ; [email protected] ; 
[email protected] 
  ; [email protected] 
  Sent: Wednesday, April 14, 2010 1:25 
  PM
  Subject: [humanrights-movement:2464] CNDP 
  Open Letter to the Prime MinisterofIndia, and Ruling UPA Chairperson, 
  Demanding Public Consultation on 'CivilLiability for Nuclear Damage Bill 
  2010'
  

  
    
    
      
        
        In 
        view of the Budget Session of the Parliament recommencing tomorrow and 
        the Union Government being reportedly keen to table the subject Bill, 
        and also push it through, if possible; the following letter is sent to 
        the Indian Prime Minister, with a copy to the ruling UPA Chairperson by 
        the Coalition for Nuclear Disarmament and Peace (CNDP).
        Copies 
        would be handed over to a number of MPs.
        

        The 
        letter is self-explanatory.
        

        Sukla 
        Sen
        14 
        04 2010
        

        

        To 
        

        Dr. 
        Manmohan Singh 
        Hon’ble 
        Prime Minister,
        Government 
        of India,
        South 
        Block, 
        New 
        Delhi 110 001 
        

        

           
                            
                            
                            
                            
                            
                            
                            
                            
                            
                            
                            
        Dated: April 14 2010 
        

        Sub: 
        Public Consultation on 'Civil Liability for Nuclear Damage Bill 
        2010'
        

        Dear 
        Dr. Singh, 
        

        We 
        the undersigned hereby express our grave concerns at the implications 
of 
        the 'Civil Liability for Nuclear Damage Bill 2010', copies of which 
have 
        already been distributed to the members of the Parliament
        

        The 
        defining features of the Bill, as it appears, are as under:
        

        One, 
        it is an attempt to enact a law defining and tackling civil liability 
        for nuclear damage, which does not obtain as of now, to facilitate 
        participation of foreign players in Indian nuclear market.
        Two, 
        the Bill is also a move towards joining the Convention on Supplementary 
        Compensation (CSC) regime by enacting a law in alignment with 
that.
        Three, 
        the Bill is a stepping stone to ensure entry of private players, 
whether 
        foreign or indigenous, as "operators", as had been demanded by the 
FICCI 
        in its June 2009 Report. And the Bill proposes to go way beyond the CSC 
        framework to roll out a red carpet for he prospective private players 
to 
        assume the mantle of "operator".
        

        Our 
        major concerns, in brief, 
        are as under:
        

        I. 
        The entry of private players as "operators" is too dangerous given the 
        unique nature of nuclear power industry and its catastrophic 
potentials, 
        as chillingly illustrated by the Chernobyl Disaster on April 26 1986. 
        The fact is that profit maximisation is the very raison d'etre of a 
        private enterprise giving rise to the consequent innate tendency to cut 
        corners in terms of safety measures. Regulatory mechanisms can at best 
        only “regulate”. Hence, the envisaged ushering in of private players as 
        “operators” of nuclear power plants is an open invitation to 
        disaster.
        II. There 
        must not be any overall "cap" on the quantum of compensation to 
        potential victims. That is too unjust and inhumane. (The CSC, by the 
        way, does NOT so obligate. Nor does it obligate entry of private 
        "operators".) It has to relate to the actual damages caused. The 
overall 
        “cap” of 300 million SDR, which works out to about 460 million US$, is 
        even lower than the compensation amount of US$ 470 million ratified by 
        the Indian Supreme Court to the victims of Bhopal Gas Disaster way back 
        in 1989.
        III. 
        The Bill pegs the “liability” of the private “operator” at Rs. 500 
crore 
        per incident, with the further proviso to lower it down to even 
paltrier 
        Rs. 100 crore. And the state, i.e. the Indian taxpayers/citizens, will 
        have to pay, in case of an accident in a privately operated nuclear 
        power plant, the amount of “liability”, i.e. compensations for damages, 
        exceeding the “cap” for a private "operator" subject to the overall 
        limit of 300 million SDR. (Even in this case, The CSC does NOT obligate 
        to peg the "cap" for the "liability" of any "operator" any lower than 
        300 million SDR, which amounts to around Rs. 2,100 crore or 460 million 
        US$. And while the CSC obligates that must be a cap of 300 million SDR, 
        it does not envisage any overall cap on the compensation to be made 
        available to the victims by a member nation.) This is evidently a 
brazen 
        attempt to favour private enterprises at the cost of Indian 
        citizens.
        

        Given 
        such serious apprehensions and grave implications for the country, you 
        are hereby urged to desist from any attempt to enact the Bill without 
        detailed examinations of its various provisions. The 
        Bill must be opened up for wider and transparent public consultations, 
        just not among the parliamentarians, before any further step is taken 
to 
        formally approve it.
        

        Yours 
        sincerely,
        

        Achin 
        Vanaik
        ND 
        Jayaprakash
        Admiral 
        (Rtd.) L Ramdas
        Amarjeet 
        Kaur
        J 
        Sri Raman
        Sukla 
        Sen
        for 
        the Coalition for Nuclear Disarmament and Peace (CNDP)
        

        

        Cc: 
        Smt. 
        Sonia Gandhi 
        Chairperson,
        United 
        Progressive Alliance,
        10, 
        Janpath, 
        New 
        Delhi 110 011 

        Peace Is 
    Doable

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