Act of God is a valid defence under the law of tortious liability.To the layman,this would mean that natural calamities such as an earthquake ,a tsunami or a cyclone preventing the due and timely or diligent carrying out of an obligation under a given contract would be regarded to be factors beyond the control of human actions .So, any default under such a scenario would not impose automatic liability on the defaulter for such a breach.
Act of State would certainly include within its ambit the action of a war breaking out between two countries.Of late, the social situation has been refined by acts of terrorism to include a finer differentiation between ’state-actors’ and ‘non-state actors’ in such a warfare directed at destabilization of another country,society or economy.
It must be in this backdrop that the seemingly hi-tech sounding CIVIL liability for nuclear damage Bill has to be understood.It is a law sought to be passed in consequence of the Nuclear Treaty signed by our country with the USA.
It is good that the said bill got derailed today in the Lok Sabha.
In its present form it lays a limit on the amount of compensation payable to the sufferers,affected parties [and often times,these would but be legal heirs of deceased victims in a nuclear accident]at a figure of Rs.300 crores[convert this in terms of U.S.Dollars and see the real sum total of upper limit pre-decided as being payable by the 'operator' of a nuclear plant in India.
It says says that the operator would not be liable for any nuclear damage if the incident was caused by 'grave national disaster of exceptional character, armed conflict or act or terrorism '.Imagine a scenario wherein negligence being attributed to the operator himself [without allegation or evidence of act of terror'].
It has incorporated provisions that would enable the government to either increase or decrease the amount of liability of any operator [it isa gateway to lengthy and cumbersome litigation since it is not specific when it could be hiked or lowered] .
Union Carbide Gas tragedy of Bhopal has been a real-time experience for this nation comprising of a largely gullible and often helpless majority because the bills are enacted by those few seated in the haloed floors of the august Parliament .Real expression of concern on such a vital issue cannot be staged through mass rallies by so-called protestors nor can it be ignored if INDIA IS TO SURVIVE IN THE WORLD COMITY OF NATIONS and reach the coverted membership of the U.N.Security Council.
Hence, all right thinking intellectuals and jurists of the country should brain storm with legislators and parliamentarians ,present and past in order to arrive at pragmatic and valid provisions in the proposed Special Law.
A reasoned Act of Reason must not be reprehensible to the good conscience of a peace loving overly populated society as ours .Hence,a serence and better sense should prevail .Parliament should not act in haste and let the country’s people repent at leisure.This is the the need of the hour.
