THE effort of the Manmohan Singh government to dilute the Civil Liability Nuclear Act to exempt US suppliers of reactors from the liability clause will be an illegal attempt to bypass the law passed by parliament. The opinion given by the attorney general is an interpretation of the law which does not hold. Even if under Section 17(a) of the Act there is no right to recourse written into the contract, 17(b) provides for the right to recourse if the accident is caused by faulty material or equipment provided by the supplier. Hence, irrespective of the written contract, the right to recourse and the liability of the supplier will apply if there is supply of faulty material or equipment. It is evident that the UPA government is succumbing to the pressure of the US administration to safeguard their companies’ interests. But this cannot be at the expense of the interests of the country and the safety and security of Indian citizens.

September 22, 2013