Thursday, July 15, 2010

All India Strike on September 7

The ten central Trade Unions, including INTUC, Congress Trade union has called for a national strike on September 7th against the Anti-people policies of the Congress led UPA government. CITU, AITUC, HMS and UTUC will be leading the struggle. The participation of BMS in the strike is not confirmed. The decision was taken at a joint meeting of the trade unions in New Delhi today.  The decision to go on strike against the UPA government was read out by INTUC president and AICC working committee invitee Sanjeeva Reddy.  The various matters for which the strike is being announced include price rise, sell off of the Publicsector firms, Labour security, Proper establishment of Labour laws. Com. MK Pandhe (CITU) Gurudas Das Gupta (AITUC), Abani Roy (UTUC) Umavulpurohit (HMS) were present on the meeting. 

DYFI memorandum to The President of India on Bhopal Gas Tragedy Case

Memorandum to Her Excellency, The President of India

To
Her Excellency,
The President of India
Rashtrapati Bhawan
New Delhi.

Her Excellency,

The 7th June 2010 judgement in the Bhopal Gas Tragedy case has yet again brought to light the fact that how our ruling classes and big corporates have treated and are continue to treat the common majority of our people. This judgement has yet again shown the dangerous dimensions of surrendering our sovereignty to big and mighty profit seeking corporates. For the ruling classes and their political representatives, for the big corporates like Union Carbide, the 20,000 people who died and another tens of thousands who were physically affected in the worlds worst industrial disaster in Bhopal were poor and expandable and that is why it took 26 years to yield a minuscule penalty. It was obvious that this double tragedy of justice delayed and justice denied has outraged the people at large and brought the important questions to the fore which needs to be answered by the Central Government.

Meanwhile, the Group of Ministers (GoM) constituted to look in to the measures to be taken on the Bhopal Gas Tragedy has finalized its recommendations. But apart from the suggestions such as filing of the curative petition against the order of the Supreme Court of March 1997, there are serious problems regarding the recommendations of the GoM. Moreover, the GoM has failed to provide the answers to important questions and in providing assurance to the people that in future their lives and safety shall not be compromised.

In such a situation, the Democratic Youth Federation of India (DYFI) is conducting a nationwide campaign and as part of this campaign has decided to send emails to seek the intervention of the highest office of the country on the following issues and demand:

1. The Government must bring the main accused, Warren Anderson, to India and initiate a criminal case against him.

2. The Government must initiate a criminal case against the politician, bureaucrats and judicial authorities, involved in protecting the accused, tampering with evidences and misusing their official position.

3. The Compensation package offered by the GoM is based on flawed estimation of deaths and injuries and the amount of compensation is meager. Over the years the death and disabilities caused by the gas leak is far higher than what was then officially recorded, with succeeding generations inheriting the health and environmental disabilities. The Central Government should, first arrange for a credible current calculation of compensation requirements and then ensure its speedy disbursement to the affected people.

4. There is no serious effort to make the Dow Chemical Company, which took over the Union Carbide, liable for the damages and compensation. The Government should take a firm stand that the entire expenses for the remediation and environmental clean up at the Bhopal factory site should be borne by the Dow Chemical company.

5. In order to ensure safety of the lives of the people in future there should be strict laws to assign and fix civil and criminal liability. The Nuclear Liability Bill must now be seen through the happenings of Bhopal Gas Leak.

Bhopal gas tragedy: DYFI activists send e-mails to President



Democratic Youth Federation of India (DYFI) activists on Wednesday sent e-mail messages to President Pratibha Patil seeking stringent action against former CEO of Union Carbide Warren Anderson and others allegedly responsible for the Bhopal gas tragedy.

Speaking on the occasion, DYFI district secretary M. Viplav Kumar said that the e-mail campaign was taken up as per the call given by the federation to send 30 lakh emails to the President from all over the country urging the latter to ensure stringent punishment to the guilty of Bhopal manmade disaster.

“The persons at the helm of affairs have failed to ensure the trial of Anderson, the prime accused in the Bhopal gas tragedy case, even 25 years after the disaster in a bid to allow him go scot-free from the grave offence bowing down to American imperialism,” he charged and urged the activists in the district to actively participate in the three-day e-mail campaign.

DYFI Nalgonda division president U. Madhusudhan Reddy, secretary J. Saidulu and others were present.

TNUEF STRUGGLE AGAINST UNTOUCHABILITY IN CHIDAMBARAM NATARAJAR TEMPLE



The famous Natarajar Temple at Chidambaram is a place of untouchability in as much as the south gate of the temple through which Nandan, ardent follower of Natarajar went to worship the God,Natarajar was closed as a symbol of untouchability. Many dalit organisations are fighting for the cause of opening the closed door of untouchability but in vain.


Tamilnadu Untouchability Eradication Front,CPM and other Dalit Organisations to day held a demonstration before the South Gate of Natarajar temple demanding opening of the closed door.Nearly 600 people led by Samuelraj (TNUEF Genl.Secretary), K,Balakrishnan, P.Selvasingh, P.Shanmugam (State Secretariat Members of CPiM), D.Arumugam( Dist.Secretary of CPIM)S,Tamilselvan,(Genl.Secretary,TNPWA) S.K.Mahendran MLA picketed the south gate of the temple raising powerful slogans against untouchability practiced by the temple administration and Govt.of Tamilnadu. The police arrested all the agitators and removed them and later released them in the evening.
The Govt.of Tamilnadu posing itself as the champion of dalits and following the preachings of Periyar did not come forward to open the untouchability wall of Chidambaram Natarajar temple instead suppressing the legitimate and justified struggles aiming at the eradication of untouchability.One has to correctly understand the dual role of the DMK Party in the power in Tamilnadu.
(Courtesy : onuntouchability.blogspot.com, Photos : Gavaskar Theekathir)

Third alternative not feasible now : Prakash Karat

Admitting that as of now “a third alternative is not feasible” at the national level, Communist Party of India (Marxist) general secretary Prakash Karat said here on Tuesday that it was important for all the Left parties “to develop their independent strength” across the country.

The Left “must pay emphasis to mobilise the people into wider struggle and movement,” he said, citing the success of the nationwide agitation against price rise and the recent hike in fuel prices, where the Left parties allied with non-BJP and non-Congress parties.

“The Left Front in West Bengal is the strongest base for the Left in the country,” Mr. Karat said, adding that the correct lessons must be learnt from the success of the Left Front, which was “the highest form of a united front” that the Communist movement in India had witnessed.

He, however, said that the struggle to build a Left and alternative front at the national level was much more complicated and difficult.

While alliances and electoral adjustments had been made with other political parties it would not be a united front “unless we can bring these parties into the joint action and the joint struggle.”

“Such a third alternative is not feasible. That we are going to discuss again.”

He said that other than West Bengal, Tripura and Kerala “we have not been able to form a united (Left) front.”

Electoral adjustments with other political parties were forged “mainly to fulfil immediate political tactical needs…these are temporary arrangements.”

Mr. Karat was delivering the memorial lecture titled “Communist Parties and the politics of united front” at a function to mark the birth centenary of Pramode Dasgupta, the first chairman of the Left Front in West Bengal. Chief Minister Buddhadeb Bhattacharjee, chairman of the State Committee of the Left Front, Biman Bose, and leaders of the other constituents of the Left Front were also present.

Mr. Karat said the fundamental principle of the success of the Left Front in West Bengal was that “unless you are able to develop the independent strength of the working class party, you cannot develop and widen the scope of the united front.”

(Courtesy : The Hindu)

CPIM Protest across Tamil Nadu

Members of CPI(M) staging a demonstration condemning the attack
on the party men at Uthapuram in Tiruchi on Tuesday.

TIRUCHI: Activists of the Communist Party of India (Marxist) staged a demonstration here on Tuesday condemning the use of force by the police against party members, volunteers of the Tamil Nadu Untouchability Eradication Front and residents of Uthapuram when they laid a siege to the Collectorate at Madurai on Monday demanding settlement of untouchability issues at Uthapuram. The agitation held at Chinthamani near the Chathram bus stand was led by party city president Annadurai. Party State executive committee member K. Balakrishnan and party district secretary S. Sridhar took part .

Tuticorin: Nineteen cadres of Communist Party of India (Marxist) courted arrest in Kovilpatti on Tuesday following their involvement in a sit-in protest at Kovilpatti Cooperative Society Sub Registrar Office. The agitating members claimed that proper ledger was not being maintained by the officials concerned at Eeratchi village primary agriculture cooperative society for those who applied for jewel loans.

There was a mismatch and the accounts did not tally when the farmers approached them. The cadres in support of the farmers demanded jewels from them immediately for settling the issue. The farmers also expressed their condemnation over the issue and they sought remedial measures, the agitators alleged. Later the arrested were released.

CPI(M) members led by V.Marimuthu, MLA, staging a demonstration to condemn the alleged attacks on fisherman by Sri Lankan Navy in front of the Head Post Office in Nagapattinam on Tuesday.

NAGAPATTINAM: Communist Party of India (M) workers protested the ‘passivity' of the Central and the State government to the Sri Lankan attacks on Indian fishermen, here on Tuesday.

They criticised the governments for standing as mere spectators to the continued attacks and for failing to protect their own people. While the attacks were in themselves reprehensible, the placidity of the governments was equally deplorable, the protestors said.

The demonstration was led by Marimuthu, MLA. Nagai Maali, district secretary, CITU, A. V. Murugayan, district secretary, CPI (M), Subramaniyam, Tamizhaga Vivasayigal Sangam, were among the participants.

Nagercoil: The police arrested 300 activists of Communist Party of India (Marxists) including two MLAs, John Joseph of Vilavancode and Leema Rose of Thiruvattar Assembly segments on Tuesday when they staged a ‘road roko' at Marthandam and Attoor junctions to urge the Government to carry out maintenance works of the damaged roads.

According to sources, there were lot of pot holes at Kuzhuthurai and Vettunthi in Thiruvananthapuram – Nagercoil National Highway. Owing to this, the vehicle drivers were put to untold hardship. Moreover, the district administration had sent a Rs. 9-crore proposal to carry out maintenance works in various roads in Vilavancode Assembly segments.

But the Government was yet to allot the amount. The concerned authorities had laid giant pipes after digging the road for the implementation of integrated drinking water supply scheme for the benefit of people belonging to Manakudi viz Monday Market and Muttom in Kappukadu Road. To carry out maintenance work, the Government needed to provide the cost of Rs. 6.18 crore to the highways department.

To protest against the delay in removing the encroachments and to press for carrying out the maintenance works of various damaged roads, the activists of CPI (M) staged road roko at Marthandam junction led by the MLA, John Joseph. Similarly MLA of Thiruvattar Leema Rose, and CPI (M) activists staged road roko at Attoor junction. The district secretary of CPI (M), Murugesan participated.

(Courtesy : The Hindu)


Comments on Civil Nuclear Liability Bill

The Civil Nuclear Liability Bill bears the handiwork of the US nuclear industry lobby. This is not the path India should tread. The Bill in its current form should be scrapped as it has been drawn up keeping the interests of the nuclear suppliers and operators. A new Bill which starts with the interests of the victims of such an accident as its core concern needs to be drafted instead.
Comments on
The Civil Liability for Nuclear Damage Bill, 2010
By Prakash Karat General Secertary, CPI (M)
(Submitted to the Standing Committee of Science and Technology and Environment and Forests) On July 12, 2010
The UPA Government has introduced the Civil Liability for Nuclear Damages Bill in Parliament, which seeks to cap the liability of nuclear plant operators and the equipment suppliers in case there is an accident involving a nuclear installation.
This legislation is being pushed by the Government because of pressure from the US equipment suppliers and investors put through the US administration at the highest levels. The US has made a precondition that India must put a cap on liability of the nuclear operators and virtually remove all liabilities of the equipment suppliers before it delivers on its promises in the India US Nuclear Deal. This is the genesis of the current Bill and not the interest of the victims of a nuclear incident.
We give below the major concerns that we have with the Bill in its current form.
Convention on Supplementary Compensation
The Government has made it clear that it is interested in joining the Convention on Supplementary Compensation (CSC) and the proposed Civil Liability for Nuclear Damage Bill, 2010 has been drafted to make it compatible with CSC. It is important to note that making it compatible with CSC follows directly from the commitment made by the UPA government when it entered into the Indo-US nuclear deal. This commitment was made in writing by the then foreign secretary, Shiv Sankar Menon in a letter to the US under secretary, William Burns, (September 10, 2008), which stated,
It is the intention of the Government of India and its entities to commence discussions with nuclear energy firms and conclude agreements after entry into force of the Agreement for cooperation in the construction of nuclear power units at two sites approved by the Government of India which would be capable of generating a minimum of 10,000 MWe…India also recognises the importance of establishing an adequate nuclear liability regime and it is the intention of the Indian Government to take all steps to adhere to the Convention on Supplementary Compensation (CSC) for nuclear damage...
US nuclear industry and the US Administration want all countries which receive US manufactured nuclear equipment to sign the CSC and indemnify the US suppliers. The key difference between the CSC and other similar international conventions is the degree of protection offered to the suppliers – CSC provides the maximum protection to the US suppliers. The reason that the US Government is pressing India to draw up a Nuclear Liability Bill that is consistent with CSC is simply because it protects the suppliers completely from litigation from damages from the victims and the operator.
Omer F Brown, the key spokesperson for the US nuclear industry articulated the US position on the need for nuclear liability law in India while speaking at a business summit in Mumbai in December 2006:
Currently, India does not have a nuclear liability law covering its facilities. Therefore, concerns over nuclear liability would be a major impediment to any nuclear trade with India…Most US nuclear suppliers would not be willing to work in India without nuclear liability protection.
US Assistant Secretary of State for South and Central Asian Affairs Robert Blake informed House Foreign Affairs Committee last year, “We are hoping to see action on nuclear liability legislation that would reduce liability for American companies and allow them to invest in India…”. Recently, he said in an interview (10th March 2010):
We also are very much hoping that the Indian government will proceed with very important legislation on nuclear liability, that will be very important protection for American companies who are seeking to do more business in the civil nuclear area, in India. And, we were very gratified to learn that the President of India has announced India’s intention to introduce this bill in the current session of the Indian Parliament.
The Statement of Aims and Objects of the Bill makes it clear that the Bill has been drawn up to be consistent with CSC. It further goes on to state that a Nuclear Liability Bill is required as there is no provision currently to handle compensation and damage in the event of a nuclear accident. This is incorrect as the current law as clarified by the Supreme Court in its judgement on the Oleum leak case from Sri Ram Food and Fertilisers in 1987 had made clear that the industry operating hazardous plants had absolute liability including that for environmental damage. The only issue is how this liability is to be translated into practice – the modalities of handling liability claims. Under the guise of drawing up the modalities of handling claims, the Bill seeks to change the fundamental character of the liability regime itself in the case of a nuclear accident.
The government has argued that by joining the CSC, it can access international funds to compensate victims of nuclear accidents including trans-boundary victims. Only 13 countries have joined the CSC out of which only four have ratified it, the only major country being the US, which was the country steering this Convention. In the case of a nuclear accident, the amount from this Convention would be a small amount (computed by some experts to only about $ 50 million). Therefore indemnifying supplier from all liability in order to get a mere $ 50 million from CSC does not appear credible.
Suppliers’ Liability
In line with the CSC, Nuclear Liability Bill exempts the suppliers from virtually any liability to pay compensation for the damages caused. What Westinghouse and General Electric want is that even the limited liability which accrued to Union Carbide in the case of Bhopal gas leak ($470 million as per the settlement approved by the Supreme Court) should not fall on them.
The government has argued that as per clause 17 (a), a foreign supplier can be liable if such a clause is included in the contract between the operator and the supplier. What it does not say is that neither the public sector Nuclear Power Corporation of India, which is the Indian operator, nor the American company, which will be the supplier, will include such a liability clause in the contract. If this law is passed and if there is a faulty design or a manufacturing defect in a reactor supplied by a US company, the operator or the victim of an accident has no right to claim damages from the supplier. The other clause, 17 (b), cited by the government is the one by which the operator has the right to recourse against the supplier only if the nuclear accident has resulted due to a “wilful act or gross negligence” on the part of the supplier. This makes it extremely difficult to hold the supplier liable as proving that faulty design or other defects are due to wilful action or gross negligence will be well nigh impossible.
The Government has also provided a cap for liability of Rs. 500 crore for the operator. Since the right to recourse belongs only to the operator in this Bill, this automatically caps whatever residual liability remains with the supplier to a sum of Rs. 500 crore. The clauses 35 and the clause 46 as currently drafted do not allow any role of the courts in any liability claims against the suppliers.
Cap on the Operator
The cap put on the liability of the operator is Rs 500 crore while the overall financial liability for a nuclear accident is capped at around Rs 2140 crore. The reason why the liability of the operator is limited to Rs 500 crore is because the government wants to bring in private operators in the nuclear sector. The law will, therefore, limit the liability of Indian or foreign private companies who operate reactors to Rs 500 crore. Any amount to be paid above this cap will be footed by the government. In this manner, the government will subsidise private operators, including foreign companies, in the future.
Thus, the people will have to pay with their lives or health in the case of a nuclear accident, but the profits of US companies and the corporate sector in India will be protected by limiting their liability. In the case of Bhopal, the compensation paid by the Union Carbide amounted to Rs 713 crore ($470 million) at the exchange rate prevailing in 1989. A nuclear accident may involve casualties on a much larger scale than Bhopal. Given that a serious nuclear accident can cause damage in billions, the small cap of 300 million SDRs (Rs 2140 crore) proposed shows the scant regard the Central Government holds for the Indian people.
Any damage beyond this will not be compensated either by the Government or by the nuclear operator,which in the present case is a state operator. Given that accidents like Chernobyl and Three Mile Island, the two most well known nuclear accidents in history, have caused billions of worth of damages; this effectively means abandoning the victims in case of a nuclear accident. Such low caps on the operator will provide a perverse incentive on the operator to cut costs and play with plant safety. Many more Bhopals and Warren Andersons could recur if such a liability regime is put in place.
Scrap the Bill
If there are lessons to be learnt from the tragic episode of Bhopal, it is that there should be strict laws which will assign civil liability and ensure that criminal liability is also pinned down. There can be no compromise with the lives and safety of the Indian people.
The Civil Nuclear Liability Bill bears the handiwork of the US nuclear industry lobby. This is not the path India should tread. The Bill in its current form should be scrapped as it has been drawn up keeping the interests of the nuclear suppliers and operators. A new Bill which starts with the interests of the victims of such an accident as its core concern needs to be drafted instead.