No Nuke Deal

Today, not only the politicians but also the bureaucracy has defrauded the people. They are saying that the Indo-US deal is done. First, I don’t understand what is the meaning of this Indo-US deal. As far as I understand, two understandings have already been reached between India and the US: The first, in July 2005, in the form of the Joint Indo-US Statement and the second in the form of the 123 Agreement. What is the new that has happened now? The USA, anyways, could have never inspected the Indian sites; rather, I think even the IAEA safeguard agreement is illegal. And, as far as the liability is concerned, the Indian law is clear: it provides for the Absolute Liability not just the Strict Liability, against a tortfeasor, which liability is not limited to just actual damages but is linked to the networth of the tortfeasor for providing penalities. This is a departure from the Common Law, which allows only for actual damages in the Strict Liability cases. As per my understanding, the Indian Parliament has not yet framed any law overuling the court laid law of Absolute Liability. The provision of insurance pool as well as soveriegn gurantee, both of which are mere executive actions, will be illegal if they come in the way of Absolute Liability ( as the case may be); they can at the most provide for restrictive interim damages. So, the BJP government will have to necesarily pass a law overuling the Absolute Liability law, which they dare not do. The US is not so stupid to not understand even this simple a legal position; that is why they have not moved even an inch towards signing any kind of commercial agreements. The Status Quo exists, period! So stop bluffing! First, the bogus regularisation of the unauthorised colonies, and now this Nuke deal — which is not even beneficial; will somebody tell why the world is abandoning nuke energy!

About the Author

Ankur Mutreja
Ankur Mutreja is an advocate-cum-writer, and his blogs are amongst his modes of expression. He has also authored number of books, which can be downloaded from the links on the top menu.

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