Sunday, April 17, 2011

Who makes law for us, Union Cabinet or Union Carbide? by Follow Prof. Madabhushi Sridhar, Professor, NALSAR


Who makes law for this country? Is it the MPs lobby in Parliament or MNC lobby of US nuclear reactor industry? Who will decide ultimately the shape of the Bill to be introduced in Parliament of India? Is it Union Cabinet or Union Carbide? Who will be consulted for shaping the policy? Is it people of India or business people of US?

No consultation with the people

First of all, WE, THE PEOPLE, so called ultimate sovereigns of India since August 15, 1947 after getting liberated from East India Company Rule, should have been consulted as any ‘hazardous and inherently dangerous’ activity that would harm the people while it might fill the Swiss accounts of corrupt politicians and pockets of bribe loving bureaucrats. Every body except invisible environment and unidentified individuals will be happy with the deals and dealers dealing with purchasable leaders. There is no initial consultation process before making the Civil Liability for Nuclear Damage Bill of such nature which victimizes people, their government and offers in gold plate the immunity to makers of genocide technologies such as the machinery of UCC in Bhopal. The Bill is drafted somewhere on the tables of bureaucrats under the directions of UPA II bosses and PMO, whose patriotic fervor has to be doubted now. Then it was a top secret for a long time, until it is exploded with leaks and breaks. Left parties generated hue and cry about the bad law. The BJP also joined it. The Union Government headed by UPA II has been forced to send the Bill for the consideration of Parliamentary Standing Committee on Science and Technology headed by neither a scientist nor a technologist, but by Mr. T. Subbarami Reddy, a former civil contractor of Andhra Pradesh who executed the massive Nagarjun Sagar Dam and faced serious charges of corruption. It is difficult to believe whether this former contractor turned politician understood the terrible implications of the bill which was further diluted by his committee.

Executive overtakes Legislature

Even when the PSC was considering the Bill clause by clause, the Manmohan Government did not hesitate to please the US lobby by deleting clause 17(b) the only provision which might trouble the nuclear technology supplier, from the draft Bill. There was a public outcry with ‘timely injustice’ to Bhopal victims through the judgment of Criminal Court awarding mild punishment to the managers of genocide leaving out those who caused it from foreign territory. This made the people to grow suspicious about the pro-US-industry commitments of Indian Union. In response, the criticism-bitten- Government announces that they would not delete that clause. Then the Department of Atomic Energy presents a list of suggestions including a recommendation to delete clause 17(b). All our future interests of Atomic Energy are entrusted to management of this department which caters to the needs of US Industry, a shame indeed.


Follow Prof. Madabhushi Sridhar, Professor, NALSAR at http://madabhushi.goforthelaw.com

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