Nuclear damages bill moved in Indian parliament amid protests

May 7, 2010, 12:13 GMT

New Delhi - The Indian government on Friday introduced a controversial nuclear liability bill in the Parliament as opposition parties protested and walked out, dubbing it unconstitutional and illegal.

The bill, which would cap liabilities in the event of a nuclear accident, was moved by Science and Technology Minister Prithviraj Chavan. Its adoption is key to the implementation of the India-US civil nuclear agreement.

The main opposition Bharatiya Janata Party, the communist parties and regional parties protested against the legislation.

Critics said the bill would cap the state's compensation to victims of a potential accident at a nuclear installation at too low a level.

The bill is also under fire for absolving foreign firms who supply nuclear equipment or installations to India from significant compensation obligations to victims of accidents in which their products or services are involved.

The bill limits the accident liability of a nuclear plant operator to 5 billion rupees (about 110 million dollars). In India, the sole operator of nuclear plants is the state-run Nuclear Power Corporation India Ltd.

BJP and Communist leaders Murli Manohar Joshi and Gurudas Dasgupta said the proposed legislation would violate article 21 of the Indian constitution, which guarantees the fundamental right to life.

The lawmakers also said the bill compromises the right of victims to approach courts for enhanced compensation.

'It's contrary to the articles of the constitution. It's illegal and unconstitutional,' said BJP leader Yashwant Sinha.

Other leaders accused the government of introducing the legislation on the last day of the current parliament session under US pressure.

Opposition leader Sushma Swaraj said the BJP told Prime Minister Manmohan Singh that the bill should be amended, but the government was intent on introducing it in the present form.

While introducing the bill, Chavan said it was necessary to enact a legislation that provides for 'nuclear liability that may arise due to a nuclear incident', and underscored the 'necessity of joining an international liability regime.'

The legislation will now be referred to a parliamentary panel which will examine the objections of the opposition parties.

The Singh government had earlier deferred the tabling of the bill during the budget session in March, in response to protests by the opposition.