BJP fears that government may allow private operators in future in the civilian nuclear programme and maintains that unless this aspect is factored in the Civil Liability for Nuclear Damages Bill, it would not support the proposed legislation.
When national security adviser Shivshankar Menon met BJP's top brass on March 17, the leaders registered their objection to the absence of any clause about the "almost inevitable involvement" of private players in future.
BJP was not satisfied with the government contention that the provision can be added later.
"Private players are likely to get involved in future. The volume of money in this field runs into several million dollars. There are likely to be joint ventures between Indian companies and foreign multi-nationals," former Union minister and senior BJP leader Murli Manohar Joshi told PTI.
He asserted that these matters should be suitably dealt with in the bill.
Other than Joshi, those BJP leaders present in the meeting with Menon were Leader of Opposition Sushma Swaraj, her counterpart in Rajya Sabha Arun Jaitley, deputy leader of BJP in the Upper House S S Ahluwalia and former external affairs minister Yashwant Sinha.
BJP leaders feel the government is putting the cap of Rs500 crore on compensation merely to "facilitate" entry of private players. It fears that while this cap - which arguably is needless if government is to be the only operator - will stay, it may later amend the 1962 Atomic Energy Act to allow private players.
Having a low cap on compensation would go against India when private players get involved, feels Joshi, as then "sub-standard technology" can also come in and for these rich companies total damages claimed may be small and easy to pay.
BJP is also opposed to the government - as the sole operator - paying all compensation as this would mean use of taxpayers' money for the purpose while letting the private suppliers go "scot-free".
It also feels the bill should go beyond the Price Anderson Act of the US while deciding the compensation amount.
"There are demands in the US that the Price Anderson Act- which envisages $10 billion as compensation- should be amended to double the amount to $20 billion. In US, it is now jokingly called the half-price law," Joshi said.
BJP also feels the provision, that damages can be claimed within 10 years of a mishap, is not sufficient.
"Some experts think this period should be 30 years. In the 'Three-mile Isle case' of Pennsylvannia, it took 30 years for the cleaning process to be completed. Then there are genetic defects, mutations and other health hazards. The plants and animals are also affected," Joshi said.
Menon also failed to satisfy the BJP on Indian courts having jurisdiction in cases of nuclear mishaps. While the NSA maintained that normal law will also prevail, the opposition party is not convinced and quoted legal expert Soli Sorabjee who feels this will not be allowed.
The bill states that a special tribunal would be established to give "instant and minimum" compensation and for further claims the victims and their kin can go to a civil court. BJP feels this may lead to undue and prolonged litigation.
"We asked the NSA why the government was bringing such a convoluted bill. It should come with a simplistic law which leaves no ambiguities," Joshi said.
The former Union minister said Menon argued that this bill does not in any way "restrict India or its citizens from claiming damages from the operator".
The main opposition is also against the government view of sending the bill to a standing committee and has instead suggested that the opinion of experts should be sought before the proposed "highly technical" legislation is tabled in the Parliament.
"This is a highly technical subject so we suggested that it would be better if the experts in the field were consulted before the bill comes to the Parliament," Joshi said.
The BJP leaders categorically told the government through Menon that it would not support the bill in its present form.
BJP has already made public its opposition to the bill on several grounds, including capping of compensation in case of a mishap at only Rs500 crore and making government - which is the only operator at present-liable to pay the compensation as this would mean use of taxpayers' money.
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