INDIA::::Three reasons why the crucial Nuclear Bill is in trouble.

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New Delhi: Expectedly, the Civil Liability for Nuclear Damage Bill has run into an `explosive’ debate and, as a fallout, the Government had to postpone the tabling of the Bill. If the Bill fails to sail through the Lok Sabha, Prime Minister Manmohan Singh is likely to face a major embarrassment as he embarks on a US trip in the middle of next month to attend a summit on nuclear security.

The bill is a key element of operationalisation the landmark Indo-US nuclear deal. The Civil Liabilities Bill provides for compensation in case of a nuclear accident.

Singh has to secure Parliament's nod for the Bill. But the BJP and the Left parties find themselves on the same side of the fence in opposing the Bill. Now with the Yadavs keen on taking `revenge' on the Congress for the humiliation over the Women's Reservation Bill and with Mamta Banarjee's Trinamool Congress becoming increasingly unpredictable, the numbers seem to be stacked against the Congress and the UPA.

But why this opposition to the Civil Liability for Nuclear Damage Bill? Here are three reasons:

1. The Bill pegs the maximum amount of liability in case of each nuclear accident at a paltry Rs 300 crore to be paid by the operator of the nuclear plant. Considering the fact that a nuclear accident can cause enormous damage, this amount is very poor. This is one point on which the Left and Right parties - the CPM, CPI and the BJP -- are united.

"The BJP has serious reservations on the bill since it caps the liability of American firms," BJP spokesman Ravi Shankar Prasad said noting, "we have the painful experience of the Union Carbide tragedy in Bhopal in 1984. The victims are still languishing and fighting their legal battle".

Environment activists have described as a violation of fundamental rights the proposed attempt to cap the level of compensation to victims of a nuclear accident.

"Under Article 21 of the Constitution, there is no warrant or justification for capping nuclear liability," noted jurist Soli Sorabjee said in his opinion to Greenpeace.

2. The second aspect is that the draft bill has incorporated provisions that would enable the government to either increase or decrease the amount of liability of any operator. This is rather vague and has no specific when it could be hiked or lowered.

3. Thirdly, the draft Bill says that the operator would not be liable for any nuclear damage if the incident was caused by "grave national disaster of exceptional character, armed conflict or act or terrorism".

This is where the Left is most vociferous. "We think the bill should not be brought in the present form. It is totally biased in favour of American companies, which supply nuclear reactors to India. It will be a big burden on the tax payers since the liability will be totally on the Government," says CPI-M party general secretary Prakash Karat.

The CPI too is determined to spike the Bill in the present form. "The Government has not made any proper assessment of the implications of the bill if passed in the present form. So far as the UPA is concerned, they are very determined, they are very keen somehow to help the American private nuclear companies," says D Raja of the CPI

But the Congress says that the Left parties and the BJP are crying foul even without properly reading the provisions of the Bill. Party spokesman Manish Tewari says that those opposing it (the Bill) have not scrutinsed the provisions properly. Answers to their objections are contained in the bill itself, he said.

The passage of the bill is an essential ingredient to operationalise the civil nuclear deal and pave the way for US companies, which are keen get a foothold in the promising Indian market, to do business here.

National Security Adviser Shivshankar Menon had met BJP leader Arun Jaitley to brief him about the Bill, but the main opposition feels its concerns have not been addressed.

The Bill was approved by the Union Cabinet on November 20 last year.

Former Atomic Energy Commission Chairman and key architect of the Indo-US nuclear deal Anil Kakodkar feels that the liability limit is optimum. "It was important that this amount was not kept too low. I think this is the appropriate and reasonable level," he said adding that it was "quite balanced and needs to be passed in its present form".

The Bill also provides for establishment of Nuclear Damage Claims Commission which will have one or more claims commissioners for a specified area.

The claims commissioner shall have all powers of a civil court for the purpose of taking evidence on oath, enforcing attendance of witnesses, compelling the discovery and production of documents and other material objects.

Issues relating to the remaining steps of the nuclear deal -- reprocessing pact and civil liability legislation -- are expected to be key points in Prime Minister Manmohan Singh's agenda when he meets US President Barack Obama on the sidelines of the nuclear summit.

With the BJP and the Left parties having strong reservations over the nuclear liability bill, Government faces an uphill task in getting the measure approved in Parliament this week.

Both House of Parliament will go into recess later this week to enable the Standing Committees to consider a number of bills and re-assemble on April 12 for the second part of the Budget session which will continue till May seven.

The BJP and the Left parties want the Government not to rush with the bill. It has strongly pitched for the bill being referred to the Parliamentary Standing Committee for considering in detail all aspects.

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