Bill to help victims get compensation faster
If the Civil Liability for Nuclear Damage Bill is passed by Parliament, victims of a nuke power plant mishap—unlike those of the 1984 gas leak tragedy in Bhopal—may not have to run from pillar to post to claim compensation.
The nuke disaster victims will instead go to the Claims Commissioners, specifically appointed by the government to adjudicate the claims of compensation and deemed as civil courts with powers vested under the Code of Civil Procedure, 1908.
The government can also set up a Nuclear Damage Claims Commission for the purpose if the amount of compensation exceeds the Rs 500-crore limit or if it is felt necessary to establish the panel in order to expedite adjudication on claims of compensation in public interest.
According to the officials involved with the drafting of the Bill, the proposed legislation seeks to ensure that the victims of a nuclear disaster do not have to go through the long-drawn legal process to claim compensation as it was experienced by the victims of the 1984 gas tragedy in Bhopal.
The Bill, once passed, will empower the Central government to appoint a district judge, or someone qualified to be a district judge, as Claims Commissioner.A person who has been in the service of the Central government and held the post of joint secretary or any other equivalent post for a period of at least five years and possesses special knowledge in law relating to liability arising out of nuclear mishap could also be appointed as a Claims Commissioner.
“Every proceeding before the Claims Commissioner or the Nuclear Damage Claims Commission under this Act shall be deemed to be judicial proceeding within the meaning of the Sections 193, 219 and 228 of and for the purposes of the Section 196 of the Indian Penal Code,” stated the draft legislation.
The draft Bill also states that no civil court shall have jurisdiction to entertain any suit or proceedings in respect of any matter which the Claims Commissioner or the Commission is empowered to adjudicate and no injunction shall be granted by any court or other authority.
According to the Bill, the Atomic Energy Regulatory Board would notify a nuclear mishap within 15 days of its occurrence. The Claims Commissioner would then arrange for wide publicity, inviting applications from the victims claiming compensation. A victim, however, will have to make claim for compensation within 10 years of the notification of the mishap.
FUELLING CONTROVERSY
The Centre, and not the operator, shall be liable for any nuclear damage caused by “a grave natural disaster of an exceptional character or an act of armed conflict, hostility, civil war, insurrection or terrorism.”
The maximum amount of liability in respect of each nuclear incident shall be the rupee equivalent of 300 million Special Drawing Rights (it is about Rs 2130 crore at the current rate).
The maximum liability of an operator for each nuclear mishap shall be Rs 500 crore.
If the liability of the operator in a nuclear mishap exceeds the Rs 500 crore or as specified by the Centre, the Union Government shall be liable to pay the remaining amount.
The right to claim compensation for any nuclear damage caused by a nuclear incident shall extinguish if such claim is not made within 10 years from the date the
incident is notified.
No civil court shall have jurisdiction to entertain any suit or proceedings
