Wake up to the Civil Liability Nuclear Damage Bill 2010

Here comes the civil liability nuclear damage bill 2010 to ‘provide for civil liability for nuclear damage, appointment of Claims Commissioner, establishment of Nuclear Damage Claims Commission and for matters connected therewith or incidental thereto, for enactment by the Parliament in the same year.’

he prime motive of the bill is to bind the operator and the government both legally and financially so that both are liable in case of a nuclear accident. The bill as it may seem is soon to become an ACT. Thanks to the efforts from the civil society that the Bill which seeks to compensate victims of a nuclear liability went through a process of consultation to review environment and health ministries on long term liability in the event of a nuclear accident.

When the punitive side of a nuclear programme is looked at, it is important to summarise as to why does India need such a bill.

India has an ambitious and indigenous nuclear power programme to achieve the goal of 20,000 MWe electricity produced through nuclear energy by 2020 which will be further increased to 60,000 MWe by 2032. In this way, India will produce 25 percent of its electricity from nuclear power plants by 2050. Presently, India is producing 3981 MWe of electricity through nuclear power. The share of nuclear power can be increased with the involvement of foreign private involvement in manufacturing and supply of nuclear reactors.

To reap the benefits of Indo-U.S. Civilian Nuclear Deal of nuclear commerce and attract the U.S. companies involved in nuclear commerce like General Electric and Westinghouse, it was necessary to introduce a liability bill which would help these private companies in getting insurance cover in their home state. Thus, the bill will help in the realization of the Indo-U.S. Nuclear deal.

After the enactment of the Nuclear Liability Bill, India will join the international convention on liability in the civil nuclear arena. The nuclear trade will thus benefit India with the participating countries in the nuclear arena. The bill shall necessitate suitable amendments in the Atomic Energy Act 1962 which will pave way for private investment in the Indian nuclear power programme.

Salient features of the Bill

• The Civil Liability for Nuclear Damage Bill, 2010 fixes liability for nuclear damage and specifies procedures for compensating victims.
• The Bill fixes no-fault liability on operators and gives them a right of recourse against certain persons. It caps the liability of the operator at Rs 500 crore. For damage exceeding this amount, and up to 300 million SDR, the central government will be liable.
• All operators (except the central government) need to take insurance or provide financial security to cover their liability.
• For facilities owned by the government, the entire liability up to 300 million SDR will be borne by the government.
• The Bill specifies who can claim compensation and the authorities who will assess and award compensation for nuclear damage.
• Those not complying with the provisions of the Bill can be penalised

However, there comes a debate on the viability of the Bill on grounds of financial assistance and legal relief. Also, if the bill is left for implementation as it is there is a possibility of the manufacturers and suppliers of nuclear paraphernalia to go Scott free.

Hence, the draft leaves out these important points:

• The liability cap on the operator (a) may be inadequate to compensate victims in the event of a major nuclear disaster; (b) may block India’s access to an international pool of funds; (c) is low compared to some other countries.
• The cap on the operator’s liability is not required if all plants are owned by the government. It is not clear if the government intends to allow private operators to operate nuclear power plants.
• The government will notify the extent of environmental damage and consequent economic loss. This might create a conflict of interest in cases where the government is also the party liable to pay compensation.
• The right of recourse against the supplier provided in the Bill is not compliant with international agreements India may wish to sign.
• The time limit of ten years for claiming compensation may be inadequate for those suffering from nuclear damage.
• Though the Bill allows operators and suppliers to be liable under other laws, it is not clear which other laws will be applicable. Different interpretations by courts may constrict or unduly expand the scope of such a provision.

Therefore, it can be hoped that the draft is reviewed in keeping with all the aspects of liability it incorporates.

Thwarted anti-pollution laws

It is believed that there are three kinds of lies: white, black and statistics. But the third might not hold true in the case of agriculture becoming chemically intensive in the diabolical case of the state of Punjab showing increasing cases of cancer, cerebral palsy and neurological disorders.

A study done by Germany’s Microtrace Mineral Lab detected high uranium levels in hair samples of mentally retarded children. Adults too were found to have the toxin. Another study, done by ecology NGO Greenpeace, indicates that Punjab is suffering the ill effects of chemical, radiation and biological toxicity. The study was conducted in 50 villages in Bhatinda, Ludhiana and Muktsar districts. Especially worrisome was the detection of nitrate pollution, linked with the use of synthetic nitrogen fertilizers, in many wells. Two water samples in Doda found the nitrate levels at 94.3 mg/l and 72.8 mg/l, much above the WHO safety limit of 50 mg/l. In Muktsar, the home district of Punjab CM Parkash Singh Badal, a state health department survey revealed that 1,074 people died of cancer between 2001 and November 2009 and 668 others are on their deathbed. In Lambi, the home constituency of Badal, 211 residents lost their lives and 164 got afflicted with cancer in the last eight years, revealed health department survey report.
 Industrial effluent, flowing into water bodies, has added to the problem. Cases of pancreatic and other cancers are being reported from settlements along the Ganga, with residues of arsenic and other poisons having been found even in ground water

What comes forth after seeing these cases of toxicity is that we as individuals are surrounded with toxic elements in some way or the other. The recent death of a scientist after drinking juice of bottle gourd comes as an even more shocking news than the Mayapuri incident because in the case of Mayapuri we could atleast term the substance as hazardous. Here comes a question to the central policy makers as to when will they realize that the situation is precarious, if only after an alarm bell, stats, and studies then there are already myriad. In any case, it can be said that like Malwa in Punjab, problem can arise anywhere because the larger issue here is toxicity—chemical, radiation and biological. To say, Bhatinda is just one area examined. There might be more and grave!

Renewing Bhopal Catastrophe

Its said that time heals all wounds. But is it the truth or a ‘feel-good’ belief? In the case of the recent Bhopal Gas tragedy verdict it seems to be no more than a 'balming' effect by the political leaders and judiciary which has worsened the wounds than doing any better.  After a quarter century of the world’s worst industrial disaster, the nightmare of December 3rd 1984, killing over 15000 people while exposing around 50000 to the deadly methyl isocynate (MIS) gas leaked from Union Carbide has revisited the people of Bhopal with the Supreme Court of India ‘awarding’ former Union Carbide India Chairman Keshub Mahindra and seven others in the Bhopal gas tragedy case only a maximum of two years imprisonment.

Adding to the let’s leave it concept, the Prime Minister of India gently uttered piercing words like, “Bhopals will happen while the country has to progress”.
In light of the verdict and the valued judgment passed by the decision makers of the country, it’s a question worth posing to all those who were behind it, who are covering it or who will give way to more such occurrences in future by ignoring what happened as to why are we living in denial? Firstly its justice delayed and after such a petty punishment by the judiciary, justice to the victims of Bhopal is largely denied. What remains is just a shrill of the victims consistently fighting for justice?

What instigates even more is the dead silence of the ex Chief Minister of Bhopal Arjun Singh, the pragmatic appeal to leave it behind and not dig graves by bringing back the question on the esteemed departure of the former ninety year old chief Union Carbide India Limited (UCIL) Warren Anderson, and the existing hazardous industries flourishment in the country despite laws. Its time we review the future prospects of these hazardous industries in the country and weigh it against its plausible humongous aftermath by taking queue from the Bhopal Gas Tragedy. 

In present time; open global market economy, hazardous industries are playing their decisive role in economic development and the advancement of the well being of the people in any country but simultaneously they are causing the problem of risk to human life and the environment. In this way, it has become a matter of grave concern all over the world and specially in developing countries like ours which is not only facing the acute problem of environmental pollution but also the pressure of population growth which in turn is supposed to be one of the main reasons responsible for causing the problem of environmental pollution.

Be it the number of people who are affected by the tragedy and the verdict or the number of years that have gone by in passing a judgment on such an important case, none can be said to justify the catastrophe that happened in the wake of December 1984. In lieu of the incident, it’s important we magnify the origin of national policy on chemical and hazardous industries. Not to forget, this it is not just meant to define hazardous industries or putting them in the outskirts but better conceited efforts and implementation of the same.  The whole truth nothing but the truth!

The realist-dreamer dichotomy

A believer in dreams is seldom a realist is what we generally perceive. They are either two separate beings or identities. A realist is one who is pragmatic, believes in what s/he sees, while a dreamer hops boundaries to rather foresee than just see what exists. A dreamer lives in an imaginary world which most people see as an illusion while a realist analyses the world around hard to either live in it or absolutely defy it. There are myriad differences between the two. And yes have heard phrases like one who does not dream does not make it a reality ...et al.


Like always, my confused (according to world standards) or rather well mixed (according to my standards) mind is trying hard these days to demystify the dilemma whether a dreamer and realist can be one identity. If not, which category do I fall in. My childhood was more like an ostrich. Would close my eyes if danger was seen. And strangely was even saved, not for being GOD's favourite but for the fact that there were many before me to act as protective shields. And hence being at the convenient end was more a dreamer and less a realist. But life is like a toddler's step. Challenges thrown at each and every nook and corner. You never know which one and of what intensity might fall into your lap.

The irony is— the more the challenges and hardships the lesser a dreamer and more a realist one becomes. Since m made of the same like everyone the general applied to me as well. The tables have turned now. After some years of toil, I'm a realist or rather an absolute one and less a dreamer.

Nevertheless, has come about a mild change in life.  There has come a dream to live and the realist in me is diminishing to enliven the long subdued dreamer. The realist is compelling, pushing and jostling hard to outcast the dreamer. But the dreamer, everytime its knocked out comes back steadily to keep its position almost like a spider continues making its web despite odds.

Whatsoever it may seem, at present its the dreamer that has captivated me and all I wish is to live in my world of illusion which seems more woven into reality.

So lemme dream...dream...............and dream!!!

And thats when Avantika got married!!!

It was quite a day yesterday...I'd thought before I forget the not so trivial trifles of yesterday, I should just put them in words. Okay, so it was Avantika getting married...Firstly, it was hard to digest that Avantika was getting married so soon??? Of all days, I had the maximum work in office yesterday. My boss called me twice for meetings, and then when I was just about to leave( so dat I can possibly reach home early and prove Neha and all the others that I can atleast now be on time!), came and chatted with me for about half an hour.

Neway, I still managed to reach home on time. The cab booking as per the plan was done. But just fifteen minutes before, got cancelled...Hate quick cab service...Bloody dearth of cabs and drivers in the traffic jam and the shaadi hulla bulloo made me more nervous...Applying the Aaal is well funda, I still managed to book one cab (after quick, easy and meru said no). Neha also thankfully reached half an hour late...Saviour almighty...But there was another tension on the side...The RITA syndrome... This woman, my next door irritating and mean neighbour, very much like the angrezification of her name, the BTM also had to go for the shaadi and wanted me to be her highness' official escort for almost everything (give her good company, travel arrangements and keeping her happy types!) Hell!!! Neway, I managed to shoooooooo her away, thanx Neha...Love u babes for calling a spade a spade!

Okay, Neha came and sorted most of the mess...After waiting for an hour, we chucked the cab and moved in an auto (With RITA in acting superciliously saying "mein jaldi nahin chal sakti", and chickening out in the last minute, after getting all dressed( in the parlour, overdressed, as if it was her own wedding) saying that she is not coming.

The best part of the evening: Okay, so Neha and I left, leaving that woman RITA to her choice of not coming along. So, here we started jabbering, like we used to...circumstances, lack of time and a lot of stupid things done here and there, had somewhere affected the bond between Neha and me, and "TALKING" like we used to do was something we did and restregthenend our bond. I guess this was the biggest 'uplabdhi' of the day and the most memorable part of the evening.

Moving further, with constant calls from the only punctual person Anamika, we managed to reach the venue only one and half hour late. After meeting Avantika and Anamika, and catching up with Shiraz on the way, came RITA!!!!

Imagine the gutts of the woman? She came coordinating with Zafar and Habib (who she doesn't even know that well, saying that Anjali and Neha left me, plz take me along, like that Avril Lavigne song"I'm with u" types!!!). The minute she came, I felt like not saying hi but slapping her right in front of every1. Wat a b....h!
Neway, I was way toooooooooooooooo happy already meeting old friends (Neha, Anamika, Viji, Zafar, Habib, Khumpi, and many others!)

Okay, after Neha and Shiraz left, came the illuminatis: the fog, the more Rita menace , Amrit's absconding=Anamika worrying about how to get back home (justified), and my stuff locked in Avantika's room, while me struggling to find sm1 with the key to it.

Not to underestimate the Rita menace: "Anjali my shoe broke, please get dinner for me...Anjali please sit with me...Anjali please come with me till there...Anjali please don't leave me alone"....Uff, I had it, felt like giving her away to one of the Army men there (since the shaadi was in Cantt) and asking them to shoot her at sight!

Not to forget the loo incidence with a friend (yeah she went in a men's loo after being misguided by a guard). Thank GOD there was no guy inside...And I was told especially, while she was in..."Madam ye gents ke liye hai" ...with me finding it way tooooo difficult to tell him dat we were misguided and its not me who has to use it. In all dis, Avantika was getting married...God bless her, but the situation yesterday: traffic jam, fog, anger, irritant around were more than the estimated difficulties.

How can I not write about how we came back? In the dense we were trying to figure out the road, people and our way, asking like those horror films: koi hai??? Whatever, after wandering for three hours on the road, dropping Anamika to her place, I came back along with Zafar, Habib and 'Rita'(bloody nicely slept while Anamika, Zafar and me were struggling to find space and fit in)!
Reached back at 2 am and sighed for coming back safely...Better late than never...My roomate told I was laughing in my sleep like mad...Probably repercussions of the day or rather night!

Luv,
Anjali

Where's the fulcrum???

There are those who act instantly, there are even more who wait and act, and there is a species like me who just act, act and act...Impulsion is both a bliss and a curse for me...but my point of nattering here is to actually analyse and even find ones like me who act instantly without wasting a second which is never balanced and is either a hyper or a hypo reaction...I mean, where is the balance system in me? And this question is solely for the almighty to answer? For my ownself...my moods are too difficult to handle and for people who know me see a different me every new day... But there's one good to it...At least my husband will find a new me everyday...Poor he, will have to handle a new woman every day.. either he likes or dislikes...okay, okay.. lets not divert but rather divulge and analytically state...that why is the 'case' with me. People who define normal and abnormal should definitely answer this one(although I don't like the ones defining or differentiating such!) . Was it the rickshaw that went over me in my childhood that caused it, or my kidnapping that has turned me into this? Or is it that I've spent part of my childhood playing in 'kallu-kasai's' house( yes, that one was an eye opener for me as well when my mom lately told me that I was a regular visitor to kallu-kasai- my dad's ex-kaarigar's house!) . What is it that made me this? The question is a conundrum till now. Its very important for sissi and all the ones who know me to answer this question. Till the time I get rave answers to this one, I'll keep cracking the code myself...After all self-help is all that I need!

Oh Fish!

It was a Saturday evening. I was coming back from work the usual way! The usual seems to be more mundane, boring and dead for somebody like me who hates routine... The unusual me was thinking the usual stuff of how to get rid of the usual everyday life? Partying happens once a while, vacation ends even before it begins; socializing is something I do even more than the usual. And at the end of the day...all this is also part of my usual self- to get away with monotony.

While this thought was flocking my mind, I walked past by the 'alchemist'! The place, people and everything were there ever since. But the idea struck me for the first time. There is a pet shop on my way home. And me being a die hard animal lover, I would sulk every time I used to see the place thinking that I don’t have the space to keep a pet (Donna is far away). I would even go to the shop pat and play with a few dogs, cats, parrots, singing birds and move on sulking that I can't get them home!

But that day the impulsive me was at its best. The shop owner thought that I came for the general animal therapy. But to much of her surprise I asked her to give me a pair of Gold fishes. And even before she could take them out for me, one of them jumped out of the aquarium right next to my foot. The owner quickly put her back in the aquarium. I dunno what went in me but I decided that I wanted the same fish which came out with the one which comes out along with her while taking her out.

And there I got the two golden beaus. What I felt after I held them is inexplicable. I felt connected with them since I dunno when. The bliss, the solace, the peace… I felt within was something I had not felt in a long time.

It was time to name them. Since it is silly to stake your life and jump out of the pool no matter how excited you are, I named the one that came out of the aquarium Silly. And the other which came out willfully of the pool was named Willy.

Now I have two new roommates, two new kids, two new soul mates whichever way one wants to put it. But it’s an ultimate bliss to see them, flap their fins when I’m around, flaunt themselves when someone comes to see them and kiss each other when they feel nobody is watching.

Silly-Willy u’ve painted my life with love! Welcome home!