It is our contention that the nuclear co-operation agreement should not be seen in isolation from the overall context of India-US strategic relations, its impact on our foreign policy and our strategic autonomy. Further, the nuclear co-operation agreement must be seen in the context of our energy security, access to technology and the development of the three-stage nuclear programme.
The bilateral "123" agreement has also to be seen in the light of the assurances given by the prime minister in his statement to Parliament on August 17.
The Left parties have asked the government not to proceed with the next steps to be taken to operationalise the agreement.
Implications of the Hyde Act: Many of the provisions of the Hyde Act go contrary to the assurances given by the prime minister in August 2006. What are these?
Under the terms set out by the Hyde Act, it is clear that the Indo-US nuclear co-operation would not cover the entire nuclear fuel cycle. It denies co-operation or access in any form whatsoever to fuel enrichment, reprocessing and heavy water production technologies.
The denial extends to transfer of dual-use technology and covers items which could be used in fuel enrichment, reprocessing or heavy water production facilities. Thus, dual-use restrictions remain on technology transfers to India. Section 102 (13) of the Hyde Act states, "The US should not seek to facilitate or encourage the continuation of nuclear exports to India by any other party if such exports are terminated under US law".
Section 103 (a)(6) of the Hyde Act says the US policy will "seek to prevent the transfer to a country (India, in this case) nuclear equipment, materials or technology from other participating governments in the NSG or from any other source if nuclear transfers to that country (India, in this case) are suspended or terminated pursuant to this title (Hyde Act), the Atomic Energy Act of 1954 or any other US law".
The Act concerns itself with areas outside nuclear co-operation and contains objectionable clauses to get India to accept the strategic goals of the US. These issues are:
Annual certification and reporting to the US Congress by the president on a variety of foreign policy issues, such as India's foreign policy being "congruent to that of the United States" and India joining US efforts to isolate and put sanctions against Iran [Section 104g(2) E(i)]
Indian participation and formal declaration of support for the US' highly controversial Proliferation Security Initiative, including the illegal policy of interdiction of vessels in international waters [Section 104g(2) K]
India conforming to various bilateral/multilateral agreements to which it is not currently a signatory, such as the US' Missile Technology Control Regime (MTCR), the Australia Group etc [Section 104c E,F,G]
It is on the basis of the Hyde Act that the United States has negotiated the bilateral "123" agreement with India. Some of the harmful provisions of the Hyde Act are reflected in the bilateral agreement:
The bilateral agreement, while superficially using the original wording of the joint statement of 2005, "full civilian nuclear co-operation", actually denies co-operation or access in any form whatsoever to fuel enrichment, reprocessing and heavy water production technologies. The statement of intent in the agreement that a suitable amendment to enable this access may be considered in the future has little or no operative value.
(Excerpts from an open letter to Members of Parliament issued by the CPI(M) Central Committee)
