Letter To NHRC On Nuclear Liability For IAEA's Treaty
By Gopal Krishna
25 August, 2010
Countercurrents.org
Justice Shri K.G. Balakrishnan
The Chairperson
National Human Rights Commission (NHRC)
Faridkot House, Copernicus Marg, New Delhi
Sub: Human rights violations from nuclear damage - its impact on human life and enviro-occupational health
Sir,
This Hon’ble Commission has been seriously pursuing the problem of “enviro-occupational health”, and has been taking “preventive” as well as “remedial” measures. It is humbly brought to your notice that there is another equally serious enviro-occupational hazard which is exposure from radioactive radiations and wastes. The issue of liability for nuclear damage is directly linked to it. The grave problem of diseases caused to present and future generations by radiation exposures is required to be addressed as it affects environment and human health and violates Article 21 of the Constitution, Directive Principles as well as “human rights” as defined under the UDHR, ICCPR and ICESCR.
2. That at the outset, the Applicant wishes to refer to the problem of exposure from radioactive radiations. The Supreme Court has looked at the entire issue, keeping in view the Directive Principles as well as Article 21 of the Constitution, and held that “life” includes right to health and medical care etc. There is no database on the records of the Government to show, to the best of Applicant’s knowledge, as to what actions the Government has taken, namely, how many persons have been reported to be suffering from exposure to radioactive radiation? How many have died? Did they receive any compensation? How many persons suffering from it are receiving treatment?
3. That the Applicant is an environmental health researcher who was invited to make submissions before the Parliamentary Standing Committee on Science & Technology, Environment & Forests following a written submission on Civil Liability for Nuclear Damage Bill, 2010 which is meant to pave the way for India to sign International Atomic Energy Agency (IAEA)’s Convention on Supplementary Compensation (CSC) for Nuclear Damage, 1997.
4. That in its 25 page report on Civil Liability for Nuclear Damage Bill, 2010, Parliamentary Standing Committee on Science & Technology, Environment & Forests which was tabled in the Rajya Sabha and Lok Sabha on 18th August, 2010.observes, “When the Committee inquired from the Secretaries of Ministries/Departments of Government of India who appeared before the Committee as to whether the draft nuclear liability Bill was referred to them for their views/comments, some of them viz. Ministries of Health & Family Welfare, Agriculture, Labour & Employment, Food & Public Distribution, etc. replied in the negative. The Committee is of the opinion that Government must have sought the opinion of Ministries which are even distantly related to any provision of the legislation. The Committee, therefore, recommends that in future Government should consult all such Ministries/ Departments which are even remotely concerned with the provisions of a proposed legislation.” This Hon’ble Commission may take cognizance of the submissions of these Secretaries and direct the concerned authorities to internalize their suggestions in the text of the Bill to protect the human rights of Indian citizens and safeguard intergenerational equity.
5. That, in view of the facts mentioned above, the applicant humbly submits that the Hon’ble Commission may kindly initiate appropriate proceedings and issue directions to all the concerned Secretaries of the Central Government and relevant States/UTs with regard to the following :
How would they respond in the event of a nuclear disaster?
Do they know as to how many industries/factories exist in the States/UTs where radioactive material is used? Is there an inventory of products wherein the said material is used?
What is the total number of workers employed in the nuclear power industries and other nuclear installations?
Whether there is regular medical check-up and whether medical facilities exist for workers and communities in the vicinity of nuclear installations?
Whether there is any record of persons who died because of radioactive radiation?
How many persons suffer from radioactive radiation and whether they are receiving regular treatment for the said disease?
What steps States/UTs have taken to check/prevent occurrence of radioactive radiations and how many hospitals dealing with the enviro-occupational diseases exist in the States/UTs.
How many institutions in the country have the competence to decontaminate and how many medical, occupational health and scientific institutions can diagnose radiation exposure?
What action has been taken by the central government and the State Governments/UTs have taken to protect exposure from radiation in the future?
6. That it is submitted that this Hon’ble Commission for the purpose of collecting the above information, may also take the benefit of its experience in the case of enviro- occupational diseases which are preventable but incurable. By giving medicines, impact of radioactive radiation can be reduced and life span can be prolonged but ultimately fate of the affected person is painful death. A brief note on the issue of liability from nuclear damage and the submissions of the concerned Secretaries of the central government is enclosed as Annexure A
7. That the applicant wishes to bring to this Hon’ble Commission’s notice that India has ratified Radiation Protection Convention, 1960 of the International Labour Organisation (ILO) but its provisions have not been complied with. India is yet to ratify ILO’s Occupational Cancer Convention, 1974 which is concerning Prevention and Control of Occupational Hazards caused by Carcinogenic Substances and Agents took cognizance of the Radiation Protection Convention and Radiation Protection Recommendation. It refers to the work done by International Agency for Research on Cancer and The International Commission on Radiological Protection (ICRP) that provides guidance on all aspects of protection against ionising radiation. Article 6 of the ILO's Radiation Protection Convention with regard to “Maximum permissible doses of ionising radiations which may be received from sources external to or internal to the body and maximum permissible amounts of radioactive substances which can be taken into the body” has been ignored. Article 7 of the Convention calls for “Appropriate levels” be fixed in accordance with Article 6 for workers who are directly engaged in radiation work and are (a) aged 18 and over; (b) under the age of 18, No worker under the age of 16 to be engaged in work involving ionising radiations and Article 8 that seeks “Appropriate levels (to be) fixed in accordance with Article 6 for workers who are not directly engaged in radiation work, but who remain or pass where they may be exposed to ionising radiations or radioactive substances.” Drafters of the Nuclear Liability Bill appear to have ignored their recommendations.
8. It is humbly prayed that this Hon’ble Commission may enquire /investigate into the problem of radioactive radiation and issue necessary directions/recommendation for its prevention and appropriate remedial steps to the Central Government/State Governments and UTs.
Yours Faithfully
Gopal Krishna
Convener-Founder
ToxicsWatch Alliance
143/9, Gaushala Mandir Road
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