Deal can not be Justfied by Trust Vote

Himanshu Shekhar

Congress lead United Progressive Alliance (UPA) government has won the trust vote in Parliament. Now, Prime Minister Dr. Manmohan Singh will definitely go to much hyped nuclear deal with America. American President Mr. George Bush must be happy with the mandate of Indian Parliament because before leaving the White House he will sign the Indo-US nuclear deal. Infact on political level both major party Congress and BJP is in favour of this nuclear deal. Leader of opposition Mr. L.K. Advani said in parliament that he is not opposing the deal but he think that India should not be ‘junior partner’ of US in this deal. It means most of politicians are in favour of deal. But, Now we the people of India should discuss the importance and structure of this much hyped deal.

First of all we should know what exactly the Indo-US deal is? This deal will allow the United States to sell civilian nuclear technology to India and this is based on the Section 123 of the Atomic Energy Act of 1954. It lets the US make a one-time exception for India to keep its nuclear weapons without signing the Nuclear Non-Proliferation Treaty (NPT). America has made amendment in section 123 for the deal. The amendment overturns a 30-year-old US ban on supplying India with nuclear fuel and technology, implemented after India's first nuclear test in 1974.
Under the amendment, India must separate its civilian and military nuclear facilities, and submit civilian facilities to inspections by the International Atomic Energy Agency (IAEA). India says 14 of its 22 nuclear facilities are civilian and these will come under inspectin of IAEA after the deal.
US President George Bush calls the deal necessary to reflect the countries' improved relations. It strengthens international security by tightening US ties to ally India, the world's biggest democracy. It also ensures some of its nuclear industry will undergo international inspection. Manmohan Singh says India relies on imported oil for some 70 per cent of its energy needs. So, nuclear power will help feed our rapidly expanding economy. But, the fact is far away from these statements.
During the discussion on this deal we often hear about Hyde act. Before going in depth of the deal we must know about Hyde act. Full form of this act is Henry J. Hyde U.S.-India Peaceful Atomic Energy Cooperation Act of 2006.The section 123 of Atomic Energy Act of 1954 is named as Hyde act after amendment. Terms and conditions of this act is not in interest of India. It is very clear in this act is India will not be permitted to join as a technology developer but as a recipient state. India asked to participate in the international effort on nuclear non-proliferation, with a policy congruent to that of United States.
The Hyde Act envisages (Section-109) India to jointly participate with the U.S. in a programme involving the U.S. National Nuclear Security Administration to further nuclear non-proliferation goals. This goes much beyond the IAEA norms and has been unilaterally introduced apparently without the knowledge of the Indian government. In addition, the U.S. President is required to annually report to the congress whether India is fully and actively participating in U.S. and international efforts to dissuade, isolate and if necessary sanction and contain Iran for its pursuit of indigenous efforts to develop nuclear capabilities. These stipulations in the Act and others pertaining to the Proliferation Security Initiative (PSI) constitute intrusion into India's independent decision making and policy matters.
This act badly affects our right to conduct future nuclear weapon tests, if these are found necessary to strengthen our minimum deterrence. In this regard, the Act makes it explicit that if India conducts such tests, the nuclear cooperation will be terminated and we will be required to return all equipment and materials we might have received under this deal. It means, any future nuclear test will automatically result in a heavy economic loss to the country because of the inability to continue the operation of all such imported reactors.
Unfortunately, the Act is totally silent on the U.S. working with India to move towards universal nuclear disarmament, but it eloquently covers all aspects of non-proliferation controls of U.S. priority, into which they want to draw India into committing. Once this Act is signed into law, all further bilateral agreements with the U.S. will be required to be consistent with this law.
The Hyde Act prescribes that before any deal as per section 123 of the US Atomic Energy Act for nuclear cooperation with India (which is not a party to the Nuclear Non-Proliferation Treaty) can be operative. The President must submit to the US Congress for its approval a report affirming in categorical terms, along with supporting documentation, that the following actions have occurred:
(1) India has provided the United States and the IAEA with a credible plan to separate civil and military nuclear facilities, materials, and programmes, and has filed a declaration regarding its civil facilities and materials with the IAEA.
(2) India and the IAEA have concluded all legal steps for the application of IAEA safeguards in perpetuity in accordance with IAEA standards, principles, and practices to India’s civil nuclear facilities, materials, and programmes as declared in the plan, including materials used in or produced through the use of India’s civil nuclear facilities.
(3) India and the IAEA have concluded an Additional Protocol consistent with IAEA principles, practices and policies that would apply to India’s civil nuclear programme.
(4) India is working actively with the United States for the early conclusion of a multilateral treaty on the cessation of the production of fissile materials for use in nuclear weapons or other nuclear explosive devices.
(5) India is working with and supporting the United States and international efforts to prevent the spread of enrichment and reprocessing technology to any state that does not already possess full-scale, functioning enrichment or reprocessing plants.
(6) India is taking the necessary steps to secure nuclear and other sensitive materials and technology, including through:
(a) the enactment and effective enforcement of comprehensive export control legislation and regulations.
(b) harmonisation of its export control laws, regulations, policies, and practices with the guidelines and practices of the Missile Technology Control Regime (MTCR) and the NSG.
(c) adherence to the MTCR and the NSG, in accordance with the procedures of those regimes for unilateral adherence.
(7) The NSG has decided by consensus to permit supply to India of nuclear items covered by the guidelines of the NSG.
The US President is also mandated to furnish to the US Congress a description of the steps taken to ensure that the proposed US civil nuclear cooperation with India will not in any way assist India’s nuclear weapons programme and to secure India’s full and active participation in US efforts to dissuade, isolate, and, if necessary, sanction and contain, Iran for its efforts to acquire weapons of mass destruction, including a nuclear weapons capability and the capability to enrich uranium or reprocess nuclear fuel, and the means to deliver weapons of mass destruction.
The Act also requires the US President to submit annually to the US Congress reports containing an analysis as to whether imported uranium has affected the rate of production in India of nuclear explosive devices.
It should, additionally, provide an estimate of the amount of uranium mined and milled in India during the previous year, the amount used or allocated for the production of nuclear explosive devices and the rate of production in India of fissile material for nuclear explosive devices.
Also required to be submitted is an analysis of whether US civil nuclear cooperation with India is in any way assisting India’s nuclear weapons programme through the use of any US equipment, technology, or nuclear material by India in an un-safeguarded nuclear facility or nuclear-weapons related complex or in any other manner.
Each one of these provisions is intrusive in character violative of its sovereignty. They will subject India to constant pestering for data and information and visits of inspection teams from the US to make sure that the conditions imposed by the US Congress through the Hyde Act are duly complied with by India in the day-to-day implementation of the agreement.
UPA government is telling the nation and Parliament that there is no bar to India conducting a nuclear test in the future. Accordig to Section 106 of the Hyde Act, all commitments and concessions that may be agreed upon as part of the civilian nuclear cooperation “shall cease to be effective if the President determines that India has detonated a nuclear explosive device...”
There should be absolutely no doubt in any quarters that once India conducts a test at any time in the future, the Hyde Act will simply put a stop to all further implementation of the Agreement, and if the US Administration ignores the categorical injunction, it will fall foul of the Congress and the law. In short, in the event of a test, the Agreement will stand automatically terminated with no need for notice or consultations. So, the deal can not be justified by trust vote of parliament.
Government is saying that deal is required for “Energy Security” of the nation but this is false verbatim. If you want to know how then must read next article of this special series on Nuke Deal.