Tags:
Journalism of Courage
In a significant departure from all 123 agreements that the US has signed with other countries, India has extracted an explicit commitment in its bilateral nuclear cooperation agreement, which was finalised in Washington yesterday, that the US will 8220;not hinder8221; the growth of India8217;s strategic weapons programme.
India had pushed for including this commitment specifically to address concerns emerging from the Hyde Act that contains references in its non-binding portions allowing the US government to make efforts to 8220;freeze8221; and 8220;roll back8221; India8217;s weapons programme.
These references had drawn criticism from the Left, BJP and former nuclear scientists even though Prime Minister Manmohan Singh had made it clear in his August 17 speech last year that India8217;s weapons programme will remain untouched.
This along with the US extending India the right to reprocess US-origin spent fuel as well as honouring its fuel supplies assurance have strengthened the PM8217;s hands. He can claim that the 123 Agreement was finalised in 8220;record time8221; with the US addressing all the points he had made in the Rajya Sabha N-deal debate.
By extending consent to reprocess spent fuel, the agreement will remove restrictions on all aspects of the nuclear fuel cycle just as the PM had assured. Also, it protects India8217;s three-stage programme where the second stage 8212; fast breeder reactors 8212; has to function on reprocessed spent fuel. The agreement allows India up to 20 per cent enrichment of fuel.
Besides, the agreement deals in detail with the 8220;termination clause8221; which comes into play in case India were to test a nuclear device. US law requires it to immediately terminate all civilian cooperation in such a scenario and then exercise the 8220;right to return8221; all US-origin material, fuel and equipment that it may have supplied under the agreement.
While the US legal provisions will get activated almost immediately, the exercise of the right to return will not be immediate. A bilateral working group will first be formed to look into circumstances leading to India8217;s decision.
If this group fails to address the situation, then a range of other technical consultations will begin. One such consultative mechanism will determine the compensation Washington will have to give in case it decides to move out its material.
Another area where India is satisfied is that inspections will only be carried out by IAEA inspectors under the agency8217;s safeguards arrangement which India will negotiate separately. This was a specific concern flagged by the Left and former scientists.
WHAT CLINCHED IT
8226; US for in-principle consent
8226; Separate agreement when India needs to reprocess US-origin spent fuel
8226; Dedicated safeguarded facility for US-origin spent fuel
8226; Fuel Supplies: US agrees to honour its commitment on lifetime fuel supply for civil Indian reactors
WHAT NEXT
8226; Cabinet to clear the agreement, India to talk with IAEA for safeguards agreement
8226; US to approach Nuclear Suppliers Group seeking exemption for India on same grounds given by Washington
8226; With NSG waiver in hand, agreement will be sent to US Congress; vote after 90 legislative days
