GXE statement on Jaitapur nuclear reactor protests

Goenchea Xetkanracho Ekvott (GXE), an umbrella organization working closely with numerous Goan groups on agriculture and environmental issues, strongly condemns the Government of India and the State Government of Maharashtra for the dictatorial and uncostitutional measures being taken to suppress the legitimate struggle of residents of Jaitapur and neighbouring villages to voice their concerns regarding the proposed Jaitapur Nuclear Power Plant.

GXE denounces the ongoing police atrocities and regime of terror unleashed by the State to silence the beleagured farmers of Konkan as an attempt to undermine our Constitution. Retired Supreme Court and High Court judges are among thousands of villagers slapped with criminal charges and prohibitory orders in a shameful display of medieval inquisitive repression. Innocent visitors, scientists and mediapersons are being stopped by swarms of armed CRPF and other security forces from accessing the entire region in a blatant attempt to stifle the voices of reason and truth. The almost complete media blackout regarding the ground reality in Jaitapur is a frightening reminder of the infamous Emergency. The State seems to be keen to give a message to all Indians that it is more than willing to treat innocent residents as if they are terrorists, not just in Kashmir, but in any other part of India.

The cause of this standoff between the State with thousands of armed forces and the entire executive and judiciary on one side, and the poor farmers on the other, is the ongoing land acquisition for the 10,000 MW nuclear power plant proposed at the Madban plateau located on the picturesque coast of Konkan. The Government's unholy secrecy and haste are attempts to hide the ugly truths regarding this project, which include issues fundamental to the safety and survival of millions of Indians living in the densely populated Konkan, Goa and neighbouring regions. There is not a single working reactor of this new technology in the entire World, and even the design is not finalized due to safety concerns. However, Environmental Clearance has been granted by the Indian Government to this project due to “strategic reasons”, without obtaining regulatory approval from Atomic Energy Regulatory Board (AERB), and side-stepping the basic safety considerations. The design and detailed project specifications are yet to be submitted to the AERB. Yet, contractual agreements have been signed during the French President's recent visit to India, effectively awarding the French company Areva this 1 lakh crores project.

When proven indeginous nuclear reactors can be built for less than half the price, why is the Government hell bent on buying this untested and incomplete design from the French? It is our grave concern that the Indian Government is blindly attempting to salvage the French economy by gifting its dying nuclear industry this bonanza, but at huge costs to genuine Indian interests. This project is doomed financially as well as technologically, and even if the safety concerns are ignored, the issues related to soveregnity of our nation, economics, radioactive waste and other environmental aspects are significant.

GXE demands that the Indian Government removes all restrictions on freedom of speech, movement and association presently imposed on Jaitapur region and that it takes all measures necessary to restore our sagging confidence in the Indian Democracy immediately. We also demand that all issues regarding the design, life expectancy and decommissioning of the proposed plant, the procurement of fuel and disposal of waste, radioactivity, accident risks and safety, total project costs and comparison with alternative energy sources, purpose of the plant, environmental and social impact and Absolute Liability of the supplier are placed before the Indian Public, whose Fundamental Rights to Information and Life shall otherwise be crushed. We demand that until Public Approval is obtained after going though transparent and proper review procedures in Public Domain, the Land Acquisition process must be stopped and all Agreements and Contracts signed with Areva, or others, must be ignored by the Government.

GXE calls upon all Goans, residents of the Western Ghats and surrounding regions, and all other Indians to rise and defend our country from this blatantly illegal and unconstitutional attempt of the Government to appease Western Countries by feeding their dying industries at the cost of our economy, society, environment, and possibly even our very existence. If the Government fails to listen to the voice of reason, it shall be up to us, the people, to protect our Constitution, our lives, our lands and the future generations.

Petition on Jaitapur anti-nuclear protests and police repression

Janhit Seva Samiti

At and Post Madban, Taluka Rajapur, District Ratnagiri.

Dated December 19, 2010

To

Respected District Superintendent of Police,

District Ratnagiri, Ratnagiri.

Sub- Regarding Mass Agitations Against Proposed Jaitapur Nuclear Power Project.

Respected Sir,

This is to bring to your notice that we the project affected community farmers and fishermen of Madban, Mithgavane, Karel Niveli, Nate and Several Surrounding Villages have been waging peacefull protests against the above mentioned Proposed Jaitapur Nuclear Power Project. Since the hazardous and near fatal consequences of the project are increasingly clear, the agitation as you are well aware is spreading. While we have always endeavored to wage peacefull protests, the police under the garb of maintaining law and order have been found to be arresting and pressing grave criminal charges against innocent villagers since August 2, 2010 right upto December 4, 2010 and the recent incident that took place yesterday in which a innocent villager Irfan Kazi was killed due to reckless driving by a vehicle provided by NPCIL and which was in charge of your police force.

These incidents have only instigating the local villagers against your very force and police personnel who are our very brotheren just doing their police duty. In light of the incident yesterday which has disturbed the law and order of the area once again for no fault of the local community, we the activist of the above Samiti and the agitation have met and upon deliberating on the developments so far have resolved to intensify the agitation but in a peacefull manner using the Gandhian Satyagrahi way of peacefull agitations. You may kindly take note of the peacefull manner in which the Jail Bharo Agitation of October 29, 2010 took place at Madban in which around three thousand people participated.

Some of your responsible officers are clearly biased against us and have fallen short in understanding the reasons which form the base of the agitations and the manner in which we have sought to agitate. In fact these officers have time and again provoked the peacefull protestors to take either take law into their own hands or have pressed serious criminal charges against such villagers who were not even part of the agitation. The nature of the charges being pressed against villagers is of such serious nature that it they are not even found to be pressed against hardcore criminals.

In light of the above you may kindly take note that our agitations is against wrongfull and hazardous developmental policies of the government and not against the police, we wish to continue and intensify our agitation but in a peacefull manner till this project is cancelled.

In light of this you are requested to instruct your police officers not to implicate innocent villagers and workers at every opportunity. There is a fear that if this trend continues unscrupulous elements may infiltrate our agitation to create law and order situations which would then be beyond our control and yours too and for we which we shall definitely not be responsible. Hope you shall consider the above and seeing it in true light give necessary instructions to your police officers to maintain restraint in dealing with mass agitations.

Yours Sincerely

Arun Velaskar Madhu Mohite Mangesh Chavan Satyajit Chavan

For

Pravin Gavankar Sharfuddin Kazi Sri Krishna Mayekar Amjad Borkar

Ramesh Kajwe Rajendra Wadekar Saiyyad Habib Vijay Raut

Uttam Pawaskar Anil Tirlotkar Vilas Awasare Prashant Harchekar

Questions that millions of common Indians ask Mr. Obama

Press release from National Alliance of People's Movements (NAPM), Mumbai on the visit to India by USA President Barak Obama.

New Delhi, November 8 : ‘Change’ and ‘Hope’ were the two words which marked the election of Barack Obama as the President of United States of America. However, two years down the line, very little seems to have changed for the American citizens back home (as witnessed in the losses faced by Democrats in just concluded elections) and for millions across the world who are victims of the US economic, military and foreign policies.

US President Obama's on-going maiden India visit, accompanied by around 400 major US industrialists is about creating "50,000 jobs in USA" by writing up several agreements with India. Indian laws and practice permit the Union government to sign treaties and agreements with foreign countries without prior reference to Parliament, as already done with the India-US Nuclear deal and the Knowledge Initiative in Agriculture. Given the strongly pro-US stance of the UPA government, there are good chances that Obama will succeed. The Indian government is under the influence of big Indian industry in its approach and decisions, and this supports US policy of increasing trade and industrial links with India. US industry is sure to profit, giving Mr. Obama a much-needed political boost back home. And so would Indian big industry, giving Dr. Manmohan Singh a domestic boost when the UPA's flag flies at half-mast following CWG and other embarrassments.

It is in this backdrop that Mr. Obama’s visit to India must be seen more dispassionately and maturely, asking questions as to what his visit would mean for millions of ordinary Indians. It is unfortunate that the mainstream media, which is all too obsessed to portray his visit as the ‘most awaited thing for India’, hoping it will not only ‘strengthen our ties’, but will give a fillip to India’s place in the comity of nations in the 21st century fails to bring forth the deeper and real issues.

His announcements, in front of the US-India Business Council of a 10 billion dollar deal for GE and Boeing fueling the war machine of India and the destructive development might generate 50,000 jobs back home, but what about lakhs of livelihoods lost here in India? It is becoming clear that the ‘People’s President’ has no time for People. Business as usual for Businesses seems to be the prime motive.

If anything, Obama’s visit carries a hidden agenda, to further the profiteering interests of the US Corporations and it is clear that Washington is pushing its ties with New Delhi even narrowly than earlier in various sectors. It is undeniable that the President’s visit is overwhelmingly tilted towards the advantage of the American Corporations and the State.

The asymmetry of USA's insistence on corporate accountability in the recent Gulf of Mexico oil disaster with Obama's silence on corporate accountability in the Bhopal gas disaster of 25 years earlier is glaring. This can only be interpreted as successive Indian governments' agreeing to subordinate the economic interests of the vast majority of India's millions to the interests of corporate India, and its commitment to neo-liberal economic ideology.

We also feel that India’s increasing affinity with the ‘Global Big Brother’ is a cause of deep concern for all of who prioritize real democracy, equity and lasting peace in our relations with our neighbours. We warn of the need for a mature and realistic approach whether on the ‘war on terror’ globally or insurgency and Maoism internally, which must be guided by a people-centric decision making process in India and not pushed by US.

Today, the US has won over a large pool of ‘faithful’ foot soldiers in India ranging from bureaucrats, infocrats, technocrats to academics, economists, bio-technologists, nuclear scientists, political representatives, professionals, call center employees to even NGO’s and welfare organizations, who reinforce the subjugation, hegemony and greed of global capital, led by the US regime.

While Mr. Obama has called India an ‘indispensable ally’, he should also care to know what the indispensable priorities for the largest democracy in the world are. President Obama has a historic responsibility to undo historical injustices inflicted upon India and other developing nations by the imperialist policies of US and Corporations, and we call upon him to address these wrongs and inequities, while marking a pro-people shift in contemporary policies. For instance, at a time when the US itself is de-commissioning large dams and not pursuing nuclear projects domestically, should it not stop funding and supporting huge hydro-electric projects in India and elsewhere through various IFIs and other Corporations and respect the global opposition to nuclear energy.

President Obama has a mandate to change things, at least begin the process and if he wants to disprove the strengthening allegation that he is the soft face of the US corporate culture, this is the time. Otherwise, he will have to pay heavily for the ill-implications of letting corporations run loose, trampling people’s rights and interests. In sum, President Obama's India visit is unlikely to enhance peace, justice and democracy within India, regionally or worldwide.

Medha Patkar, Sandeep Pandey, Maj Gen (Retd) Sudhir Vombatkere, Roma, Gabriele Dietrich, Dayamani Barla, Sister Celia, Anand Mazgaonkar, Bhupendra Singh Rawat, Rajendra Ravi, and Madhuresh Kumar

for National Conveners Team

Contact : napmindia@napm-india.org | 9818905316

Text of the Jilha bandi order against Vaishali Patil

Nuclear industry seeking to bulldoze the nuclear power plant in Jaitapur, Ratnagiri has allegedly got around Collector of Ratnagiri to violate contitutional Fundamental Right to Movement. Three people were served these notices. Former supreme court judge Justice P.B.Sawant, former High court judge Justice Kolse Patil and activist Vaishali Patil. The text of this order is in Marathi language. This is served on Vaishali Patil.

There is a program of protest on October 29, 2010 against nuclear power plant and this orders of the Collector is meant to counter protests.

Jaitapur Nuclear Eclipse shadows Indian Democracy

On 4^th October 2010 evening two of us from Goa found ourselves in Sakhri Nata for a fishermen’s gathering ‘machchimar melava’. It is a small town of Sakhri Nata on Konkan coast that forms an urban centre in Ratnagiri taluka in India’s Maharastra State. Indian democracy here is radiated with French company Areva locating their nuclear power plant with Indian government providing it with red carpet welcome. The surrounding is mostly of fishermen who fish in Arabian sea via mechanized trawlers and other small non-mechanized boats. Thirty years ago these two varieties of fishermen clashed with each other. Today they are clashing with world’s biggest nuclear power plant that is supposed to generate 10,000 mega watts of electricity. National Environmental Engineering Institute (NEERI) prepared the report on this project but its scientists and technician found no trace of fishermen’s villages – Madban and others surrounding villages to suit the location of Nuclear Plant in thickly populated area. Scientists of NEERI are principal colluders in this deadly episode unfolding around 200 kilometers away from Goa’s northern border. In other words NEERI indulged in scientifically unethical practices to prepare a doctored report. And in order to make the reality as per the report government agencies has mounted tremendous pressure on the fishermen to leave fishing trade. It has banned Nepali labor from entering trawler citing that they are a threat to national security. As if Nuclear power plant on the banks of Arabian Sea is any less of national security issue. It has censorship and complete immunity from investigations from anyone including the Parliament. And now of course with Nuclear Liability Bill being passed in the Indian parliament Nuclear Industry dominated by USA and Europe has a field day. It is totally free to carry on the orgy of violence and deception, to remain as invisible as Alfa, Beta, and Gama rays. So fisheries are being pushed to fold up and let the control of Arabian Sea under the nuclear baron’s buttons. 5,500 crore litres of water from Arabian Sea will be used daily and after hitting it will be released back into the Sea thereby threatening marine ecology adversely. All this I learned in the introduction at the public meeting at Sakhri Nata by Vaishali Patil who is active in various protests movements that includes mining out of Western Ghats. Vaishali is keenly followed up by the Indian Intelligence agencies and in Sakhri Nata special sleuth from IB was there as an extended eye of the big brother. Number of people spoke at this evening public meeting video filmed by Maharastra Police. With Kaiga power nuclear plant just 22 kilometers away from Goa’s southern border in Karnatak already a reality Goa state is now is nuclear sandwich state with alarming consequences.

Pravin Dhawankar shared his experience of facing police violence while in struggle. He is involved locally to mobilize people against Nuclear power plant. He questioned if India is free after witnessing police mauling of protesting citizens in Jaitapur. Police moved in Madban village kicked every village house and even arrested few people. Pravin himself was arrested while he was sick and subjected to police harassment some time ago. He was sure about what is needed to be done: time to come out on the streets.

Madban Sarpanch Bicaji Vagdhare disclosed that Colonial Law – Land Acquisition Act 1894 has been imposed by the State to take over the land for nuclear power plant. He was clear in the resolved the struggle: government will be responsible for the consequences.

Nirajat from the organization called Lakayat gave lots of technical information to the public. The nuclear capacity is 100 times that of Hiroshima atom bombs. It would generate 300 tonnes nuclear waste per year for 24 years. This will amount to total waste of 12,000 tonnes. This waste will remain radio active for the period of 3,000 years as per the doctored government studies but actual nuclear life of the waste will be 1 lakh lakh (10000000000) years.

President of National Fishermen’s Forum Mathany Saldanha called for the political fight and asked the fishermen to join the national protest on 29^th October 2010.

Former Member of Indian Parliament Major Sudhir Sawant launched scathing criticism of Prime Minister Manmohan Singh branding him as an Agent of USA corporations – ‘Dalal’. He said that it is the foreign corporate who are responsible for setting up Nuclear Power plants in India. He said this is a conspiracy to blackmail India.

Justice Kolse Patil, a retired High court Judge called for peaceful protests and asked people to launch house to house campaign to create awareness. He said that Gandhi and Indian constitution provides enough resources for successful movement against the corporate in peaceful manner. He directed his salvos against the police repression and asked people to combine efforts to fight police out the Jaitapur: ‘Once police leave, nuclear plant will leave’. He declared that he will join the struggle against Areva nuclear plant on streets with the protesting villagers. He called for fearlessness in a fight till the end.

Thomas Kochery, a veteran in fishermen’s struggle in India who survived heart attack four times last year was again at his committed best and laid out the agitation roadmap for future tracing its roots into the past struggles. He observed that Government of India is incapable of handling Chernobyl type of nuclear accident. This is evident from the fact that Government of India has done nothing after the Bopal gas tragedy. He mentioned that all the nuclear power plants are planed to be located on the coast because companies want to dump all the radio active waste in the sea. ‘They want to kill all the fish. They want to communicate radio activity to all the human beings. 30-40 kilometers radius distance will affected with the radioactive waste. All future generations, pregnant women will be affected with radio active rays. We have to oppose because of heavy generation of Carbon dioxide (CO2). India has no plans to reduce CO2.’ He further added ‘we have to oppose new CRZ notification. By opposing CRZ we are opposing all the projects on the coast. Fishing communities are betrayed by Government of India. We have to rise up like 1991-97 protests against deep sea fishing policy. One crore fishermen had stood against this. If we rise up on the entire coast, all the political parties will come behind us. Agitation is starting on 29^th October 2010.’

‘There must be no fishing on 29^th October. There must be no selling of fish. No eating of fish. This is the beginning. Like how we blocked Bombay harbor, blocked Kutch harbor, Porbandar harbor, blocked Cochin and Vishakkapatnam harbor. 1994 February 22 entire fishing community went on strike – 100%. No markets worked. All political parties stood with us. This is the way fishermen responded against deed Sea fishing in India.’

‘Similarly we have to rise up and more and show on 29^th October. Rise up from all over India, from every fishing community. Victory will be ours.’

Nuclear eclipse of Indian democracy will hopefully go away with passage of time. It demands tremendous efforts in defense of life, livelihood, Western Ghats and my dearest Arabian Sea on whose shore I was born on a sand dune on a rainy day in 1973.

Arabian Sea has been playmate and a friend all the years in this life. In times of worst of difficulties I opened my heart to him. Now Arabian Sea has been threatened by Nasty nukes those responsible will only be dumped in the Arabian Sea. It does not matter whether it is Prime Minister of India or of France or any one else. Interest of Life on land and life on Sea take undoubted precedence over orgies of nuclear plants. Its time to fight. This is my cry. This is my beginning. Invite to join to defend my Arabian Sea. I extend my hand and waiting for you hold on to make a chain of hands across the shores of Arabian Sea. I call upon you to generate a wave to blow away dirty nukes from the shores of Arabian Sea. I walk with head held high and fear to none. My voice is my weapon. My mind is my fire. I share my spark so that you get ignited. I carry no wings of fire but live my footprints on the sandy shores of Arabian Sea. I have taken the first step. Next one to follow. Dirty nukes go away. Arabian Sea is not for you. I am a child of Arabian Sea and this is my command to you.

Sebastian Rodrigues

Letter to President on Nuclear Disaster Liability Bill & Lessons from Chernobyl

Her Excellency,

Mrs. Pratibha Patil

President of India

Rashtrapati Bhavan

New Delhi – 110 004

Date: 1st September, 2010

Subject- Nuclear Disaster Liability Bill & Lessons from Chernobyl

Your Excellency,

This is with reference to the passage Civil Liability for Nuclear Damage Bill, 2010 from Lok Sabha and Rajya Sabha on 25th August and August 30, 2010 respectively and how “In the end, we all live near Chernobyl”.

Pursuant to my application to National Human Rights Commission (NHRC) and written and oral testimony to Parliamentary Standing Committee on Science & Technology, Environment & Forests regarding environmental hazards from radioactive radiation and nuclear wastes, now that Lok Sabha and Rajya Sabha have passed the Civil Liability for Nuclear Damage Bill, 2010, I solemnly and earnestly urge you to send the Bill back to the Parliament and the Union Cabinet for reconsideration.

On behalf of ToxicsWatch Alliance and public interest groups and individuals who are deeply concerned about the possible devastation of human life and ecosystem due to nuclear disaster, nuclear radiation and nuclear wastes, I respectfully ask that you order an open and transparent review of how nuclear power installations including uranium mines have been operating in the country before proceeding with new nuclear power plants. A White Paper on the current status of nuclear installations is a must for undertaking future operations.

I submit that the legal design of the Bill is flawed as it favours nuclear suppliers and nuclear exporters and the victims. Except for the appointment of Claims Commissioner as provided in clause 9 and the constitution of a Nuclear Damage Claims Commission as provided in clause 19 to adjudicate and award compensation for nuclear damage within a period of three months, there isn’t any other feature in the Bill that will protect the interests of the victims of disaster.

I submit that Union Cabinet must be asked to take steps to prevent the human cost of industrial disasters by recommending unlimited liability for companies in both Nuclear Liability Bill and the proposed Companies Bill, 2009. A beginning can be made by making these legislations victim centric and legal-artificial persons accountable to our legislatures. Neither Nuclear Liability Bill nor the proposed Companies Bill, provide for tracing the Companies or suppliers which become invisible or hide behind corporate veils after disasters or may not be in business after that.

I submit that before deciding on this pro-supplier Bill passed by the Parliament due to an unholy collaboration, Hon’ble President must consult experts like Dr. V. Maitreyan, an oncologist, former Chairman, Parliamentary Standing Committee on Science & Technology, Environment & Forests and currently Member, Rajya Sabha. Dr Maitreyan was trained by Dr. Robert Peter Gale, the world renowned medical oncologist who did bone marrow transplants on the Chernobyl nuclear accident victims. In his speech on 30th August in the Parliament he quoted Dr. Robert Peter Gale book "Final Warning -- The Legacy of Chernobyl" saying nuclear accidents happen, "In sum, accidents happen. This is why the nuclear industry continues to insist upon laws limiting its liability for damages arising out of nuclear accidents". At the conclusion of the Chapter, Dr. Gale says: "As for Chernobyl, it may be that the greatest contributions made at Hospital Number 6 were not the lives saved but the lives lost. For the failure to save lives demonstrated how deadly nuclear power can be and how helpless the world is when radiation rages wild. In the end, we all live near Chernobyl."

I submit that incidents such the leaky valves and malfunctioning of pumps and fuel bundles had almost shutdown one of India's first nuclear reactors at Tarapur in 1973, as has claimed been claimed by The Week magazine in one of its recent cover stories have remained outside the parliamentary scrutiny. "In September 1973, the inevitable happened. The malfunctioning of pumps, valves and fuel bundles at TAPS (Tarapur Atomic Power Station) led to the radioactive levels rising far greater than those laid down by the International Commission for Radiation Protection." The then Prime Minister Indira Gandhi had summoned Atomic Energy Commission (AEC) Chairman Homi Sethna and Bhabha Atomic Research Centre (BARC) Director Raja Ramanna to convey her "acute concerns" on the matter. "Eminent scientists, both pleaded with her not to pronounce what would have been a death sentence on the credibility of the country's nuclear programme," the report said quoting Ashok Parthsarathi, then the Scientific Assistant to Gandhi. A High Powered parliamentary team should be given the task of examining such pitfalls so as to incorporate lessons from them in the Bill.

I submit that Union Cabinet should agree to set up a committee to study the effects of nuclear damage on India before rushing through the Bill. This Committee should consist not only of nuclear scientists and engineers, but also economists, agricultural scientists and public health experts. As has been admitted by the Government of India that, “in a sense the elected political class of the country let down the victims of Bhopal," because we did not have adequate liability laws, the passage of Civil Liability for Nuclear Damage Bill appears to be doing the same again through this “insurance for the protection of suppliers and operators in the case of a nuclear accident” and through signing Convention on Supplementary Compensation for Nuclear Damage although there is no need for India to join it which has been ratified by only four out of thirty nuclear power countries.

I submit that many other countries have unlimited liability, capping the liability of the operator of the plant at a very small level of Rs.1, 500 crores is uncalled for. The Government of USA forced BP to set aside an amount of USD 20 billion in an escrow fund to settle claims. Indeed a serious nuclear accident will have consequences that are much more severe than this oil spill. Does Government of India believe that Indian lives and property are less precious than lives of those of citizens of USA? The total liability for each nuclear incident remains capped at 300 million SDR, that is, Rs.2122.40 crores or $455 million as per clause 6 (1). The amount is less than even the Bhopal settlement of $470 million, which has been acknowledged as grossly inadequate by the Government itself. Such cap on liability will also have an impact on the safety of nuclear installations in the country. This is because the cost of a single nuclear reactor can be as high as Rs.30,000 crores as in the case of the reactor planned at Jaitapur by AREVA, a French public multinational industrial conglomerate headquartered in the Tour Areva near Paris.

Consequently, the cost of a reactor can be 20 times the maximum amount of liability. It means that it might be cheaper for the operator to take the risk of paying the maximum liability than to spend, say, 10 per cent extra in adding safety features to the plant. The Bill passed by the Lok Sabha and Rajya Sabha includes a right of recourse for the operator but the liability of the supplier is limited to Rs.1,500 crores which is the maximum third party damage that the operator will have to pay. The supplier may sell a plant for Rs. 30,000 crores but will be liable for a maximum of only 5 per cent of that amount.

It is submitted that the preparations for the visit of President of United States of America (USA) occupied Union Cabinet so much that it failed to consult the secretaries of ministries/departments of government of India on the draft nuclear liability bill. The Parliamentary Standing Committee referred to how secretaries of ministries of health & family welfare, agriculture, labour & employment, food & public distribution, etc. who were ignored in the drafting of the Bill as a very serious lapse of the Union Cabinet. Starkly enough, none of the concerned Chief Secretaries or Chief Ministers of the relevant states been consulted either. The Parliamentary Standing Committee, therefore, recommended that “the government should consult all such ministries/departments which are even remotely concerned with the provisions of a proposed legislation", the same has not been done. Not only that the submissions of secretaries of home ministry, water resources, ministry of health, agriculture ministry, department of food and public distribution etc have not been incorporated by the Lok Sabha and Rajya Sabha. Notably, Secretary, ministry of health said, “Since the response system to deal with any kind of emergency of such type, the hospitals are not well-equipped, it is natural that mortality and morbidity due to multiple burn, blasts, radiation injuries and psycho-social impact could be on very high scale and medical tackling of such a large emergency could have enough repercussions in the nearby areas of radioactive fallout. She also mentioned that in the entire bill, there is not a single clause which speaks about taking health care during radiological emergencies. It reflects only about payment of compensation due to health impacts of such radiation. She suggested while setting up nuclear plants consideration may also be given to the fact that there should be a hospital having trained doctors near such establishments and arrangements should also be made for free treatment of people who are affected by serious nuclear fallout." She confessed that “her ministry is nowhere to meet an eventuality that may arise out of nuclear and radiological emergencies.” Similar testimonies from secretaries of other ministries provide a chilling and prophetic forewarning.

In compliance of the suggestion of Chairperson of the Parliamentary Committee during my testimony on August 3, 2010 and pursuant to my written submission dated July 7, ToxicsWatch Alliance (TWA) had specifically drawn the attention of the committee with regard to the narrow definition of the word 'installation' and conflict of interest ridden existence of the AERB. In a letter to the committee dated August 12, TWA has highlighted the backdrop of the deliberations on the Civil Liability for Nuclear Damage Bill. TWA has questioned the merit of centralised power stations given 35-40 percent transmission and distribution loss from power grids. The Secretary, financial services, ministry of finance submitted before the committee that "any increase in premium of insurance will lead to increase in the cost of production of electricity for nuclear power. It is argued that higher the liability limit higher will be the insurance premium and subsequently higher will be the cost of electricity production." It has been noted in the Rajya Sabha that as far as the cost difference between hydro, thermal and all the available options vis-à-vis nuclear electricity is concerned, the cost difference is 1:3. If the objective of wanting to generate 40,000 MW of nuclear power in the next two decades is considered, the cost difference between conventional and nuclear electricity would be more than Rs. 3,00,000 crores (Rs. 3 lakh crores) . This amount can build 20,000 hundred-bedded modern hospitals all over the country and 2.5 lakhs of Navodaya Vidyalayas with boarding facilities for 100 students all over the country.

Testimony after testimony before the committee had asked for deletion of the word terrorism from the bill but the same is not reflected in the committee's report despite the fact that Defence Secretary Pradeep Kumar categorically stated, "under different layers of protection, nuclear assets including nuclear installations are being protected through defence. However he admitted that absolute and fool proof protection cannot be guaranteed for any nuclear or other assets in the country during peace or war." Exceptions for acts of terrorism can easily be used by the supplier and the operator to wash their hands off any nuclear disaster.

I submit that section 46 of the Bill suggests that existing criminal laws can be used only against the operator. The existing criminal laws, including section 304 and section 304A of the India Penal Code should be applicable to the supplier as well.

Earlier responding to the question about the need for Indian Parliament to pass a liability agreement in the matter of nuclear cooperation with US, the prime minister said: 'We will do that. Our Cabinet will be taking a decision. I do not see any difficulties in honouring our commitments.' He said so in an interview conducted by EG Weymouth, editor-at-Large of Newsweek treasured on Prime Minister’s website on November 16, 2009.

The reason for such tearing hurry and nervousness in passing Civil Liability for Nuclear Damage Bill can be traced to the visit of President of United States of America to India and in a press release from the Indian Embassy in Washington which notes, "The historic bilateral cooperation agreement for peaceful uses of nuclear energy, the 123 Agreement that we signed two years back provided for reprocessing of US obligated nuclear material in an Indian national facility under IAEA safeguards." A letter written by the then Foreign Secretary to the US Under Secretary on 10th September, 2008 says, "India also recognizes the importance of establishing an adequate nuclear liability regime and it is the intention of the Indian Government to take steps to adhere to the Convention on Supplementary Compensation for Nuclear Damage." This letter was quoted in Rajya Sabha on 30th August, 2010. Further evidence is visible, in an interview on 10th March, 2010 the US Secretary of State says, "Our interests are to ensure that the Bill that is ultimately enacted is complaint with the international standards in this area which is a Convention on Supplementary Compensation. That is our chief interest." That is why the clause 7(a) in Civil Liability for Nuclear Damage Bill, where it says explicitly, "If there is an explicit contract between the operator and supplier....". This merits high level of parliamentary scrutiny. These are certain things which still required to be considered, keeping in mind the plight of those persons who are, finally, going to be the sufferers if some nuclear disaster takes place. The press release from Washington observes, "The government of India has already designated two sites for nuclear power plants to be established in cooperation with the US and the companies of the two countries are now engaged in discussions" as a follow up of the Strategic Dialogue and the meeting of the CEO's Forum prior to the visit of President Barack Obama to India in November, 2010.

I submit that the influence of Federation of Indian Chambers of Commerce and Industry (FICCI)’s draft of the Civil Liability for Nuclear Damage Bill and Union Cabinet’s preparations for the visit of Barack Obama, President, United States of America to India in November, 2010 did provide sufficient time to dwell adequately on even the submissions of secretaries in the event of a nuclear disaster of the Chernobyl type. The Union Cabinet has ignored that since 1980, the United States of America has not added a single megawatt of nuclear power in their country taking lessons from The Three Mile Island nuclear accident.

I submit that in order to complete the journey which the Prime Minister Dr Manmohan Singh had undertaken to USA five years ago most concerns have disregarded due to the role of FICCI which is the largest and oldest business organisation of the country claiming to be a "non-government, not-for-profit organisation" with direct membership from the private as well as public sectors, including MNCs, and an indirect membership of over 83,000 companies. Clearly, with the passage of this Bill FICCI’s efforts on its own and on behalf of the multinational nuclear companies have succeeded despite India’s exemplary poor safety record with no database of radioactive radiation victims who appear to be deemed collateral damages for ‘development’ any cost based on nuclear power at any exorbitant cost.

In such a grim context, Hon’ble President may consider sending the Bill back to the Parliament for recommending re-consideration, formation of a Joint Parliamentary Committee sans conflict of interest to examine the current liability regime for nuclear disaster in the world besides constituting a high-powered trans-disciplinary independent experts committee to study true economics of nuclear power at leisure so that present and future generations and their ecosystem doesn’t suffer due to the myopia of FICCI, Union Cabinet and their unsound business sense.

Thanking You

Yours Sincerely

Gopal Krishna

Founder-Convener

ToxicsWatch Alliance

New Delhi

Mb: 9818089660

Website: www.toxicswatch.com

Blog: toxicswatch.blogspot.com

Cc

-Mrs Sonia Gandhi, Chairperson, National Advisory Council, Government of India & MP, Lok Sabha

-Mr Rahul Gandhi, General Secretary, Indian National Congress & MP, Lok Sabha

Protests stall public hearing on Jaitapur nuclear project

http://www.thehindu.com/2010/05/17/stories/2010051757251400.htm

Meena Menon

Three affected villages did not receive copies of the environmental impact assessment report

Despite it being Akshaya Trithiya, more than 1,000 people turned up for the hearing

About 2,300 people have lost land to the project

MADBAN (Ratnagiri district): Angry protests stalled a public hearing of the Jaitapur Nuclear Power Project (JNPP) at Madban village in Maharashtra on Sunday. Only after officials acknowledged their mistake of not providing copies of the environmental impact assessment (EIA) to the affected villages, it was allowed to go on under protest.

Copies of the EIA summary in English were given only to the Madban gram panchayat on April 29 and a full copy in Marathi was given four days before the public hearing. The other three villages from where land was acquired for the project — Karel, Niveli and Mithgavhane — did not receive the EIA report. Pravin Gavhankar of Madban village told the panel, chaired by the Collector, that when a majority of the people did not get the EIA report, the public hearing was a sham and must be scrapped.

Black flags waved

The project has met with strong protests from people whose lands were acquired under protest. About 2300 people lost land to the project for which 938.026 ha. was acquired. Most of them have not accepted the compensation cheques. People waved black flags and shouted slogans while marching to the venue of the hearing at the project site.

Shiv Sena MLA Rajan Salvi said according to law, EIA reports should have been submitted a month in advance.

The hearing was held on a day when it was auspicious for Hindus — Akshaya Trithiya. Many could not come because they were busy with religious functions and weddings. Despite that more than 1,000 people turned up and walked in the heat to the venue that was heavily barricaded. Over 200 people filed fresh objections against the project. People stalled the hearing for over an hour raising loud objections before it got under way.

Protests recorded

Bhikaji Waghdare, who has filed a petition against the project in the Bombay High Court, submitted that the hearing was illegal and it could only continue under protest. The Maharashtra Pollution Control Board (MPCB), which organised the hearing, was on the defensive and was forced to record people's protest. Dilip Khedkar of the MPCB, who was on the panel along with Ratnagiri Collector Madhukar Gaikwad, pacified the crowd, telling them that their protests would be duly recorded.

The Madban sarpanch, also named Bhikaji Waghdare, pointed out that the EIA was difficult to understand and the government did not reply to the hundreds of objections from people. “The EIA says there is no agriculture here, which is a complete falsehood,” he said. “You have not taken people into confidence for this project.”

The MPCB said 10 copies were given for distribution and most of them went to various government offices. Only one copy was given to the Madban gram panchayat. Two copies were still with them. At this, the people got more incensed. Mr. Gavhankar, who is leading the protest from Madban, wanted to know if there were plans to sell the two copies of the EIA.

Shouted down

Finally, the people settled down to hear Nuclear Power Corporation of India ltd (NPCIL) representative Shashikant Dharne. However, people said they could not read the presentation made by him on a small screen. They also told him not to digress and speak about the power shortage in the country.

Mr. Dharne tried his best to clarify several questions from the crowd. Suddenly, someone threw a chair towards the stage and it fell in front of the dais.

Mr. Dharne tried in vain to say that the project would not displace anyone. He was shouted down. Throughout the five-hour hearing, the people had the upper hand with their protests and objections. Prakash Waghdare and others said the EIA report was a sham and had no real data. “We don't have suicides here, but if this project is allowed to come, we will be forced to commit suicide,” he threatened.

Satish Nadkar, a local resident of Padvi, said the entire process was questionable. First land was acquired, then people's protests were ignored and now, at the end, a public hearing was being held. The whole thing was meaningless, he said. To his questions, the MPCB was forced to admit that there was no tendering process for the project and AREVA of France was chosen to provide the reactors as part of an international understanding.

Many women like Sheetal Wagdhare and Tara, spoke against the project and how their lives would change as they were dependent on the land that was taken away for the project.

Pointed questions from Vivek Monteiro from the Centre of Indian Trade Unions (CITU) put the panel on the back foot.

“The size of the Jaitapur project is 10 times the size of Chernobyl, where the amount of radioactivity after the accident was 400 times that of the bomb explosion at Hiroshima,” he said.

The State government's latest economic survey had put the cost of two units at Jaitapur at Rs 60,000 crore. Based on this, the cost of one MW of power worked out to Rs 18 crore and cost a unit could go up to Rs 9.90. So many options could be explored at this high price, he pointed out.

NPCIL officials refused to clarify the cost as the matter was under negotiation. Mr. Monteiro said when the cost of the reactors was not known, how could the cost of the power be calculated? Yet the EIA said power would be made available at competitive rates.

He called for a stop to any project activity till all this was clarified. In Finland, where AREVA was building a project, the reactor cost was 5.3 billion Euros and it was still under construction.

Waste disposal

He also raised questions on the disposal of radioactive waste. Plans were made for only 100 years, he said.

The NPCIL said it was still searching for a repository site to store the waste after that period. Mr. Monteiro also raised the issue of acts of terrorism and wondered if the project was prepared for that.

Ahmed Borkar, representing the fisherfolk said the EIA report did not even bother to get an accurate data on fisheries in the area and at least 10,000 people depended on that for their survival.

The Konkan Krishi Vidyapeeth also came in for attack for the data, or the lack of it, on horticulture.

Collector Mr. Gaikwad said the report of hearing would be sent to the Ministry of Environment within eight days. He admitted that some villages did not receive copies of the EIA.

Mr. C.B. Jain, project director, NPCIL, said the hearing was positive and they had complied with all legal requirements. Now it was up to the Centre to clear the project.