December 13, 2011

Soli Sorabjee’s opinion on Liability Rules and CSC

Greenpeace queried Mr. Sorabjee on this issue. The idea was to seek legal insight for two important and controversial questions- CSC and the Rules.The first query was on Convention for Supplementary Compensation (CSC) and the second was on the Liability Rules which were notified by the Department of Atomic Energy on 11th November.

Informed by his expert opinion, “Greenpeace calls for the Rules notified by the DAE to be revoked as certain clauses are repugnant to the Liability Act. It is unfortunate that the Government is adopting underhand tactics to dilute the Act, notably the extent of supplier liability. Once again the government has shown that it will stand with the nuclear industry and bow to international pressure.

Greenpeace calls on all political parties to prevent these Rules from being passed in their current form and to take a stand against the dilution of the supplier liability clause in the Act.”notified Rules should be withdrawn and should be reframed wrt the provisions on Supplier Liability. The rules dilute the Act and should be modified to make sure that the polluter pays and that the foreign companies do not go scot free”

Karuna Raina,
Campaigner,
Greenpeace India

The document can be downloaded HERE or can be read online below:

SOLI SORABJEE: One of India’s most eminent jurists, Soli Sorabjee was the Attorney General between 1998 and 2004. Prior to that, he was the country’s Solicitor General. He was awarded the Padma Vibushan in 2002 for his defense of the freedom of expression and protection of human rights. He also served as a member at the Permanent Court of Arbitration at Hague between 2000 and 2006. He is the author of numerous books and articles on law.