New Delhi: Call it the Bhopal effect. The Centre bows to criticism and has decided on Tuesday to make nuclear suppliers liable in case of an accident.
In the first major political fallout of the Bhopal gas tragedy verdict and under pressure from the Opposition and the parliamentary panel, the government dropped the clause that dilutes the responsibility of the suppliers in the event of a nuclear accident.
The consensus in the government is that suppliers of nuclear equipment can not escape their share of responsibility. Liability will be fixed at different levels and not limited just to the nuclear plant operator.
Department of Atomic Energy Secretary Srikumar Banerjee, Foreign Secretary Nirupama Rao and a number of other senior officials faced tough questions during the meeting of the Parliamentary Standing Committee on Science and Technology on aspects like liability of suppliers of a nuclear plant or material and cap of Rs 500 crore on compensation.
Banerjee expressed regrets before the Committee for circulating a note at the last meeting which contained a proposal for amending Clause 17 (b).
The clause 17 (b) proposes that the operator would have legal recourse if a nuclear accident results from the "willful act or gross negligence on the part of the supplier of the material, equipment or services, or of his employee."
According to the note circulated at the last meeting of the Standing Committee on June 8, the clause 17 (b) had been deleted while clause 17 (a) and (c) had been retained.
At the Tuesday meeting, the Committee was informed that the government was withdrawing that note and the original clause stands part of the bill, sources said.
The clause 17 (a) provides that the operator could have the legal recourse if "such right is expressly provided in the contract in writing" while 17 (c) says the recourse could be taken if "the nuclear incident has resulted from the act of commission or omission of a person done with the intent to cause nuclear damage."
The decision to drop the amendment assumes significance as it coincides with the uproar over handling of the Bhopal gas tragedy in which the then government is accused of allowing the operators of the Union Carbide to go scot-free.
During the day-long meeting, members of the Committee grilled Banerjee and other officials, questioning the intent behind the amendments and wondering whether the consent of the Cabinet had been taken for it, sources said.
The government officials are understood to have told the Committee that the amendments were only "suggestions".
After the proposals were moved at the last Committee meeting, the government had come under sharp attack from the BJP and the Left, which questioned whether it was being done to help the American companies.
Another area of contention was the Rs 500 crore cap on the compensation to be paid by an operator of a nuclear power plant in case of an accident.
There were strong demands that the cap be raised.
(With inputs from Agencies)
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