New Delhi, Aug 23 (IANS) The government Monday said it was ready to consider and accept modifications to the civil nuclear liability bill to end the stalemate over passage of the legislation in parliament.
Minister of State for Science and Technology Prithviraj Chavan said that there were three formulations of clause 17 (b) – as stated in the original bill, the standing committee report, and the official amendment approved by the Cabinet – and the government was willing to accept any of these or consider any proposal of modification brought by the Opposition.
‘We are prepared to discuss any formulation with modifications and consider any suggestion,’ Chavan said.
The minister, who Monday interacted with some opposition leaders including senior Bharatiya Janata Party (BJP) leader Arun Jaitley, said that the government’s attempt was to pass the bill through consensus. He termed his meeting with Jaitley ‘as very good’.
Chavan said he will continue his interactions with political parties Tuesday and reach out to Left parties as well.
He expressed confidence about passage of the bill ‘with support of major parties’.
The minister said that clause 17(b) goes further than laws of 28 countries who have a civil nuclear regime in place, and brings in criminal liability. ‘None of the regimes has criminal liability in their law,’ he said.
He said the country has witnessed the Bhopal gas leak case and the government had agreed to several amendments to improve the original legislation.
He said the official amendment to the clause as approved by the cabinet was ‘distilled wisdom’ of the provision contained in the original bill and the standing committee report but the government was willing to consider any amendments.
He said that any such amendment accepted by the government during discussion on the bill in the parliament can be got approved by the cabinet, post-facto.
In the original bill, clause 17(b) says that operator of the nuclear installation shall have a right to recourse when such a right is expressely provided in the contract in writing; the nuclear accident has resulted from the willful act or gross negligence on the part of supplier of material, equipment or services or of his employee; the nuclear accident has resulted from the act of commission or omission of a person done with the intent to cause nuclear damage.
The standing committee report says that the operator will have right of course when such a right is expressly provided for in a contract in writing; and the nuclear accident has resulted as a consequence of the latent or patent defect, supply of substandard material, defective equipment or services or from the negligence on the part of the supplier of material, equipment or services.
The official amendment, approved by the cabinet Friday, says that the operator of nuclear installation, after paying compensation for nuclear damage in accordance of Section 6, shall have a right to recourse where such a right is expressly provided for in a contract in writing; the nuclear incident has resulted as a consequence of an act of supplier or his employee, done with the intent to cause nuclear damage and such act includes supply of material or equipment with patent or latent defects or substandard services; the nuclear incident has resulted from the act of omission or commission of an individual done with the intent to cause nuclear damage.
The standing committee recommendation to have a word ‘and’ before its second suggestion was not accepted by the Cabinet following opposition furore.
However, the words ‘with the intent to cause nuclear damage’ in the official amendment again raised the opposition heckles with the leaders asserting that it will be difficult to prove suppliers malafide intent.
The BJP Monday accused the government of trying to ‘hoodwink’ the nation by trying to bring in amendments to the Civil Liability for Nuclear Damage Bill, 2010, that would let foreign suppliers off the hook.
‘Why is the government trying to hoodwink the nation? Why is the government trying to mislead the nation? Why is the government hell bent on introducing this clause which absolves the foreign suppliers totally?,’ BJP spokesperson Rajiv Pratap Rudy told reporters.
He asserted that it will be very difficult for the BJP to support the nuclear liability bill unless the government relents and brings back the original proposed legislation.
