15 October 2011

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Advocate Prashant Bhushan and Scientist Experts Activists filed writ petition demanding Declaring Nuclear Liability Act, 2010, unconstitutional

Advocate Prashant Bhushan and Scientist Experts Activists filed writ petition demanding
Declaring Nuclear Liability Act, 2010, unconstitutional

Many countries who used the Nuclear Energy are stopping or reducing the use of nuclear energy but now in India, Indian government is planning to double the use of nuclear energy in India by importing machines.

After the Fukushima disaster in Japan, Germany, Italy and Switzerland have announced a complete withdrawal from further use of nuclear power

India is blessed with SUN we just need few good strict laws and India will never need to get the Nuclear energy.
But our law makers and politicians do not want this. They want nuclear energy.

Dr Anil Kakodkar, former chairperson of the Atomic Energy Commission, who retired two years ago wrote in a Marathi news paper that we must understand the reason why we are importing the nuclear reactors , those countries helped India in lifting of sanctions and now we have to see their commercial interest also.

But now Advocate Prashant Bhushan and scientist, experts first time came together and filed a writ petition under Article 32 seeks appropriate writ for declaring Nuclear Liability Act, 2010, unconstitutional and to call for safety re-assessment and cost-benefit analysis of all nuclear facilities in India. The petitioners want the overhaul of the 'dysfunctional' regulatory system.

Following are the petitioners
1. Common Cause, a non-government organization,
2. Centre for Public Interest Litigation (one of the petitioners against the 2G scam),
3. Dr E A S Sarma, former power secretary,
4. T S R Subramanian, former cabinet secretary,
5. Professor T Shivaji Rao, ex-member of Andhra Pradesh Pollution Control Board,
6. N Gopalaswami, former chief election commissioner,
7. K R Venugopal, former secretary in Prime Minister's Office,
8. Dr P M Bhargava, former member,
9. National Knowledge Commission and founder,
10. Centre for Cellular and Molecular Biology,
11. Admiral Laxminarayan Ramdas, former chief of naval staff,
12. Surjit Das, former chief secretary, Uttarakhand,
13. Dr P Vishnu Kamath, professor, department of chemistry, Central College of Bangalore University,
14. K Babu Rao, senior scientist (retired) Indian Institute of Chemical Technology,
15. Prof N Venugopal Rao, former head, department of entomology, Agricultural University, Hyderabad,
16. Dr N Bhaskara Rao, founder, Centre for Media Studies
17. S K Gouse Basha of the Jana Vignana Vedika.

Petitioners say that they are not against Nuclear Energy.
The writ petition mentions, "How under the pressure of foreign countries and the multi-billion dollar nuclear industry, the government has been pushing forward an expensive, unviable and dangerous nuclear power programme without proper safety assessment and without a thorough comparative cost-benefit analysis vis-a-vis other sources of energy, especially renewable sources."

This petition uses the proposed Jaitapur nuclear power plant in Maharashtra as a case study to highlight the 'mindless decision-making'

It's alleged that most of the nuclear reactor and equipment imports for which orders are being made are of extremely dubious quality and safety standards.

The petitioners say, "Japan is also considering phasing out its nuclear plants.

The petitioners say that foreign countries have also succeeded in getting the government to pass a law that limits liability of nuclear operators and suppliers (manufacturers) making a mockery of the 'absolute liability' principle and 'polluter pays' principle laid down by the Supreme Court while interpreting Article 21 of the Constitution.

The nuclear liability act, 'channels all the liability to the nuclear operator (which presently is the government itself) and the victims are not allowed any recourse to sue the companies that supply nuclear reactors and other material.

The act under Section 6 also limits the liability of the operator to Rs 1,500 crore, which is quite low, and states that the remaining damage may be made good by the government at the cost of exchequer.

The act also excludes the liability of the operators in certain circumstances."

The petitioners' major argument is about high cost of power plants based on nuclear technology.
Thermal power plants cost around Rs 4.5 crore per MW capacity, nuclear plants cost more than Rs 10 crore per MW or more.

The petition says that the government plans to order imports of nuclear plants and material of billions of dollars from select foreign companies through private negotiations, without proper technical and safety evaluation and without any competitive bidding/auction, are arbitrary and violate Article 14 of the Constitution.

The petition is requesting a court to direct government to set up an expert body, which is independent of the government and the nuclear establishment.

The petition says an independent expert body is needed to conduct a thorough cost-benefit analysis of all proposed nuclear facilities and a thorough comparative cost-benefit analysis vis-a-vis other sources of energy.

Love the nature Love the Sea life Love the human life and
Say No to Nuclear Energy
Demand Solar Energy
Demand law which will make compulsory for rich Indians to use Solar Power who make homes by spending billions of Rupees but don’t spend a single Rupee on Solar Energy for their homes.

Reality views by sm –
Saturday, October 15, 2011

Around the Web –

Activists nationwide unite to battle UPA's nuclear dreams


Tags – India Prashant Bhushan Writ Petition Nuclear Power Bill


veerubhai October 15, 2011  

Very good and contemporary update which sounds reasonable.

Alka Gurha October 15, 2011  

You have concluded it so well.

sm,  October 15, 2011  

veerubhai,thanks.Alka gurha,thanks.