In an unprecedented move in 2008,the 46-nation nuclear cartel,the Nuclear Suppliers Group (NSG),granted a crucial waiver to India enabling it to carry out nuclear commerce and ended 34 years of Indias isolation from the international mainstream in the wake of the 1974 nuclear tests. Describing it as a historic deal, Prime Minister Manmohan Singh called it a recognition of Indias impeccable non-proliferation credentials and its status as a state with advanced nuclear technology. The NSG exemption was a major step in the implementation of the US-India nuclear accord and since then Delhi has been working towards establishing a mutually beneficial partnership with friendly countries in an area important for both global energy security and climate change.
Last week,however,at its 2011 plenary meeting in the Netherlands,the NSG came up with new guidelines regarding tightening of exports of enrichment and reprocessing (ENR) technologies that seem to go against the spirit of its exemption to India. The transfer of ENR technologies will exclude nations that are not signatories to the NPT and do not have full-scope safeguards. Indian officials have already expressed their concerns,suggesting the new ENR rules would make the 2008 exemption to India rather meaningless.
The US State Department has tried to allay growing concerns in Delhi by suggesting that nothing about the new ENR transfer restrictions agreed to by NSG members should be construed as detracting from the unique impact and importance of the US-India agreement or our commitment to full civil nuclear cooperation. It goes on to argue that the NSGs NPT references,including those in the ENR guidelines,in no way detract from the exception granted to India by NSG members in 2008 and in no way reflect upon Indias non-proliferation record.
But there is a growing disquiet in India. Some of it is rooted in genuine apprehensions about Indias ability to take part in global nuclear commerce in future,but a lot of it is ideological. Every setback is viewed as a triumph by those who have been against the nuclear deal on ideological grounds. The CPM has accused the government of misleading the people and Parliament even as the anti-US lobby is back with a bang,underscoring Americas perfidious behaviour in trying to scuttle Indian nuclear ambitions.
The fact remains that India enjoys a unique status in the global nuclear hierarchy and it was always going to be a difficult exercise in bringing India into the nuclear mainstream. It was the US that expended precious diplomatic capital in bringing the naysayers around when the exemption was granted in 2008.
The Obama administrations support for the new ENR guidelines stems from its ideological commitment to the extant nuclear non-proliferation regime. Successive US administrations have viewed proliferations on WMDs as the biggest threat to US and global security; but unlike its predecessor the present dispensation in Washington believes the regime framework needs to be strengthened to counter the proliferation threat.
Meanwhile,India has been signalling that it doesnt really need Washington to operationalise the nuclear deal and garner its benefits. This has been applauded by those who want a more independent (read anti-US) foreign policy. More applause followed when Parliament passed a nuclear liability law that makes it virtually impossible for US companies to operate in the Indian market. And now when the US is refusing to put its weight behind the NSG deliberations in favour of India,there is much heartburn about American duplicity.
Mired in domestic problems,the Indian government lost crucial time over the last three years when it could have settled this issue with some finality. Now,the never-ending chaos surrounding UPA 2 is raising doubts about the ability of this government to take decisive steps in the realm of foreign policy. With two non-serious governments in Delhi and Washington,is it any wonder that the gains of the landmark treaty are likely to be frittered away?
Delhi needs to engage its nuclear partners bilaterally now,seeking reassurances that they would stand by their earlier commitments. Nuclear commerce is not a one-way street. India remains a huge market and it should leverage its assets accordingly. While the new ENR guidelines are a setback,ground realities can be altered by astute diplomacy. After all,NSG guidelines are voluntary,so that its member states can have the flexibility necessary to deal with issues related to nuclear commerce. It is this flexibility that India should try to use to its advantage. Railing against American duplicity wont help,identifying challenges and using diplomatic capital to overcome them is the way forward.
The writer teaches at Kings College,London,express@expressindia.com