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As Obama visit to India is approaching, attempts to dilute nuclear damage liability bill passed by the Indian parliament are speeded up from the US side. India signed on October 27 an international treaty on civil nuclear liability under pressure from the US.
Domestic Law
Indian Parliament approved recently in August ‘nuclear damage liability bill’ with both ruling and opposition parties taking a unified stand supporting it. Though initial draft did not envisage any liability on suppliers of nuclear material and equipment, the final bill placed liability on suppliers too. However, there are several intermediary conditions to bring into effect the liability on the supplier countries or firms, while the bill places immediate liability of $320 million on the operator country i.e. India.
Imperial US
The US companies are averse to paying liabilities even though they supply substandard and damaged material and equipment due to which nuclear damages may occur. They fear that they will be forced to pay compensation as the US pressured BP to pay a whopping $32 billion for its oil spill in Gulf of Mexico. During deliberations between the ruling and opposition parties regarding passage of nuclear damage liability bill, the US companies lobbied heavily not to place any liability obligations on supplier countries, particularly the US and Japan. But the pressures did not work, as the Indian people were outraged against Bhopal gas leak judgment.
At the same time, the world witnessed two disastrous accidents on which the whole world has its attention, on what the outcome would be. One was the biggest ever oil spill in American history, in the offshore American west coast in Gulf of Mexico. The other one was that thirteen Chilean miners were not yet rescued from a collapsed mine whose videos and photos were published on every media on daily basis.
In this background, Indian parliamentarians could not deny to obligate supplier countries for the nuclear damage. Initially it was tried to insert a clause requiring the operator country to prove that the accidents if occur, are caused with willful intent of the supplier countries. The proposal was later rejected by the opposition BJP party. Even after the passage of the bill, the US government lobbied to exempt its companies from liability payment, however limited it would be.
CSC, a Tool for the US
Now, the US has pressured India to accede to the multilateral Convention on Supplementary Compensation for Nuclear Damage (CSC) so that the liabilities would be in line with the international norms. The international covenant that provides a framework for paving way for the liability and ensuring speedy compensation in the event of a nuclear accident was signed at the International Atomic Energy Agency offices in Vienna by Dinkar Khullar, India’s Ambassador to Austria.
The CSC has so far been signed by 14 countries and ratified by only four including the US. According to the norms, the CSC will enter into force only when at least five countries with a minimum of 400,000 units of installed nuclear capacity ratify the treaty. With India’s signing, 15 countries have become signatories, but India is yet to ratify.
Still Unsatisfied
Now, the Nuclear Power Corporation of India Limited is set to begin full-fledged commercial negotiations with the US’ nuclear material suppliers General Electric and Westinghouse, a subsidiary of Japan’s Toshiba. The two companies are expected to supply two 1000 MWe reactors to India. The CSC signing was the obligation put forward by the US government in 2008 while signing civil nuclear agreement.
However, the US contends that some sections of the India’s domestic nuclear damage liability bill, which pave the way to initiate legal action in the event of a nuclear accident, are in violation to the CSC norms. India denied this. The US has even suggested that NPCIL be asked contractually to accept the entire liability burden of its suppliers, which is again denied by India. But it is not sure India will stand on its word and will not succumb to further pressures.
The US never treated itself that it had to comply with the international laws. Be it ICC at Hague, Security Council or Climate law. The US regime is the number one enemy to the international working masses.
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