Firsthand story

The catastrophe theory finally applied itself on 6^th July after remaining dormant for almost six years of my life. Replying back to the mail was like breaking the cyst simply to reach out and be myself. That big sized bold font mail was seeking attention and participation of all the Greenpeace volunteers to raise a strong voice, a voice for change, a voice against injustice. A nation wide Public Consultation on the Civil Nuclear Liability Bill was announced by the Government following the pressure put by the fierce opposition, the activists and the concerned NGOs. Had it not been for a juggernaut action of petition signing by Greenpeace, the government would have been completely ready to finalize and pass the bill. How can this democratic procedure ignore such a strong voice of its nation? And how can this work simply get done without passing through the two important stages of ridicule and opposition? I believe the bill is at its second stage of opposition right now moving rapidly towards the third stage of acceptance which will be commencing within 15 days. An irony, indeed it is that a country of a billion population is told to wrap up with a NATION WIDE PUBLIC CONSULTATION in just 15 days. It clearly reflects the ‘name-sake-ness’ attitude of the ruling party! This indeed is the very first argument of Greenpeace condemning the short time given for a public opinion.

I was very quick to make a decision of attending it and so I reached the Santacruze office sharp at 11am as was informed. I was all ready with my research on the subject and so the air around got more cleared once we were briefed in detail by a Greenpeace activist at the office. We were enlightened with so many aspects of the bill, its history and its likes in other countries. There we were, all of us, very well aware of the subject, ready to step ahead. But before everything could start taking shape, I volunteered for taking the minutes of the day. I had not done that earlier. Ergo, with full of excitement inward and contained expressions outward, I was on my toes, literally noting the ‘minutes’ of every event. With two core volunteers we left for the venue – the magnificent edifice of Mumbai University’s Convocation Hall. Making friends with gabby newbies was easier and fun too. One of the core volunteers went further by referring us as family. What a warmth I felt! This was just the by-product of the entire chemical reaction. The catalyst was that common feeling of doing something, even though small, for bringing the change by being the change. Same feeling was ubiquitous.

When we reached the venue, that awe-inspiring sight of the Hall diffused with golden light, couldn’t have been better. Those delicately carved wooden doors and adeptly designed interiors gave a British-era feeling. This ambience provided a perfect set-up for the talks to proceed. The attendees to the session included the activists, the victims, the journalists, academicians and common people. Soon to arrive was the Greenpeace team with banners and posters. The work immediately began to fix the banners in the Hall. Particularly depicting the calamitous aftermath of the nuclear disasters occurred around the world; the cold black and white posters sent a clear message that – Nuclear energy is not what we want and that ‘In India Polluters Pay!’.

The session started with the speech of HOD, Department of Law, University of Mumbai explaining about the nuclear power. His explanation caught up with the details defining the terms in simplified manner. The succeeding speakers talked on complete ban on nuclear energy and how government is ignoring so many of the important clauses in the bill. There are so many clauses in the bill which need amendments. Briefing a few and important of them:

· Clause 6: The maximum financial liability in case a nuclear accident occurs in nuclear reactors has been set to $458 million. The amount is very meagre when compared to the destruction caused by a nuclear accident. A same kind of law in U.S. has set the financial liability for such accident at $10.5 billion.

· Clause 7: The clause 7 defines the share of financial liability for each of the culpable groups. It states that the operator will have to pay Rs. 500 crore and the remaining amount will be paid by the Indian government. This is considered as a ridiculous point as the operator will be the Nuclear Power Corporation of India Ltd. (NPCIL) which in itself is a government owned facility. The operator can claim the liabilities form the manufacturer and supplier if it is mentioned in the contract. But the maximum amount payable by the foreign companies will be a very little sum of Rs. 500 crore. Ultimately, it is the Indian taxpayer who will have to give the money even when the accident has occurred due to others mistakes.

· Clause 17: This clause deals with the legal binding of the culpable groups in case of a nuclear accident. It does allow only the operator (NPCIL) to sue the manufacturers and suppliers. The victims won’t be able to sue anyone. Practically, no one is considered legally liable because the recourse taken by the operator will yield only Rs. 500 crore at maximum.

· Clause 18: Clause 18 of the nuclear liability bill limits the time to make a claim within 10 years. This is very less as compared to the long term damage that may be caused due to a nuclear accident.

· Clause 35: Clause 35 extends the legal binding that the responsible groups may have to face. The operator or the responsible persons in case of a nuclear accident will undergo the trial under Nuclear Damage Claims Commissions and no civil court is given the authority. The country will be divided into zones with each zone having a Claims Commissioner. In the U.S. counterpart – the Price Anderson Act, the lawsuits and criminal proceedings goes under the U.S. courts.

The tides of questions started rising up in my mind as the session proceeded. Why is the government so lenient with the foreign investors, the manufacturers and the suppliers? Why was the health and environment ministry not consulted before finalizing the bill? Does the bill specify any liability for environmental damage in case nuclear disaster? We have all witnessed the recent and worst British Petroleum oil-spill and are still witnessing the methods U.S. authorities are adopting to hold the culprits liable. Why can’t we learn from them? The ecology and bio-diversity are equally important for a country’s wealth. Who will be claiming for the damage to environment? The bill is silent about the environment clean-up. The effects of a nuclear disaster are unimaginable and inevitable and they will persist for ages to come. Also, if the bill is named as the ‘CIVIL NUCLEAR LIABILITY BILL’, why aren’t the civil courts allowed to give justice? Creating zones and appointing zonal claims commissioners will not simplify the process. All are aware of how government bodies function. What about the health of the workforce working at the nuclear plant and the people dealing with scrape generated from such nuclear plants? There are many other issues which need a close attention. The bill, in this scenario, needs a serious second thought of amendment.

I grabbed the opportunity of expressing my opinions on the podium. The time was very less and so I made it straight-to-the-point expression. I wish I had more time to speak and explain the validity of my questions and arguments elaborately. That upsurge of tides of questions which arose in my mind propelled everything out so fast that I couldn’t manage the words running away. But I was contented as my words were taken as suggestion. Everything which was spoken by every speaker was simultaneously noted down for the purpose of presentation to the standing committee. The session soon ended and I reported the ‘Minutes’ to the Head of Greenpeace Mumbai. Now, if someone asks me whether Greenpeace made any difference to this important issue, I will be quick to reply that indeed Greenpeace made THE difference. It created awareness amongst the populace and also took its opinions regarding the bill for amendments. But the fight continues, petitioning continues, spreading awareness continues, as the rainbow warriors forge ahead. I am so proud to be one!