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Nuclear deal Imbroglio - culprit is again UPA

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Nuclear deal Imbroglio - culprit is again UPA Empty Nuclear deal Imbroglio - culprit is again UPA

Post by rawemotions Sun Feb 08, 2015 12:53 pm

I was under the impression NDA had changed something to go forward on the nuclear deal, and felt it was a mistake.

But apparently it was not so. When Rajya Sabha debated a nuclear deal under UPA/Congress administration, amendments that explicitly seeks to include suppliers on the list of people that can be sued by victims were defeated (again by UPA/Congress). Again here, the culprit is the UPA/Congress.

All that the NDA has done is to re-iterate the correct interpretation of the law. That explains why NDA repeatedly says that there are no changes to the law.

It appears that the law as it stands allows
a) Victims are to sue operators
b) if operators trace the defect to a supplier, they can then sue the supplier.
c) While debating the law, amendments to allow suppliers directly accountable by victims were defeated.

It is shocking that the original deal was allowed to pass (thanks to the support by the likes  of Samajwadi party in the infamous cash for votes scandal) without allowing Victims a chance to sue suppliers.

The problem is that incase of an accident, it would be very difficult to figure out who is at fault between the supplier and operator. We saw that in the case of Gulf of New Mexico Oil spill, where both of them were blaming each other for quite some time.

http://ibnlive.in.com/news/centre-clarifies-on-indous-nuclear-deal-says-indian-victims-cannot-sue-foreign-suppliers-for-naccident/527240-3.html


Excerpts

"It may be noted that the CLND Bill was adopted by a vote. During the course of the vote on various clauses of the Bill, in the Rajya Sabha two amendments were moved for clause 46 that finally became Section 46 of the CLND Act that inter-alia sought to include suppliers in this provision. Both those amendments were negatived. A provision that was expressly excluded from the statute cannot be read into the statute by interpretation," it said.
"At the same time it does not create the grounds for victims to move foreign courts. In fact that would be against the basic intent of the law to provide a domestic legal framework for victims of nuclear damage to seek compensation.
The fact that a specific amendment to introduce the jurisdiction of foreign courts was negatived during the adoption of the CLND Bill buttresses this interpretation," it further added.


Last edited by rawemotions on Sun Feb 08, 2015 1:03 pm; edited 1 time in total

rawemotions

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Join date : 2011-05-03

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Nuclear deal Imbroglio - culprit is again UPA Empty Re: Nuclear deal Imbroglio - culprit is again UPA

Post by Marathadi-Saamiyaar Sun Feb 08, 2015 12:58 pm


That is what happens when you put a family that is neither racially, religiously or culturally Indian in charge of a country for 50 years. Especially, the last 30 years this family contributed nothing to India but corruption, looting, and cultural rape.

Marathadi-Saamiyaar

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