Author: Dr P.K. Iyengar
Publication: Asian Age
Date: August 17, 2007
URL: http://www.asianage.com/presentation/leftnavigation/opinion/op-ed/123-agreement-is-a-gilded-cage.aspx
For some reason, the text of the 123 Agreement
of the India-US "civilian" nuclear deal was kept secret until it
was approved by the Union Cabinet. Once the text was made public, the reason
became clear. In spite of the best efforts of our negotiators, the United
States has succeeded in imposing the Hyde Act on us. The relevant part of
the Agreement is Article 2, which states: "The parties shall cooperate
in the use of nuclear energy for peaceful purposes, in accordance with the
provisions of this agreement. Each party shall implement this agreement in
accordance with the respective applicable treaties, national laws, regulations,
and license requirements concerning the use of nuclear energy for peaceful
purposes."
The treaties and national laws alluded to
above certainly include the NPT and the Hyde Act. Thus, by signing this Agreement
we would essentially agree to bind ourselves to the Hyde Act, whose provisions
are not acceptable to India as declared by the government of India and the
political parties, and not by the scientists alone. This Article can be used
by the US government at any time to delay, block, or disapprove collaboration
in critical areas dealt with in the l23 Agreement. The consequences are very
serious to the future generations of this country, and I therefore have serious
objections to this Article.
There is a belief in some quarters that the
ambiguity in the language of the Agreement will somehow help us circumvent
the Hyde Act. Article 2 makes it clear that there will be no ambiguity in
the actions of the US if we go against the Hyde Act. Some suggest that our
only hope is that the US Congress will refuse to ratify this Agreement, just
like they refused to ratify the CTBT in spite of the US administration getting
almost the whole world to sign the treaty. However, since this agreement is
a total gain for the US non-proliferation lobby, it may even be agreed to
by the US Congress. It is therefore essential that we do not go ahead with
this Agreement without further, and explicit, assurances from the US.
We should also be clear about what we can
expect to get from the Agreement, if it does go through. The much-hyped promise
of nuclear technology doesn't translate to much in real terms. Long years
of isolation have made us self-sufficient in the technologies needed for our
three-stage programme, particularly fast-breeder technology. Besides, the
American nuclear industry hasn't built nuclear plants in over 20 years. It
is more likely that we can help them, rather than that they can help us. Nor
can we be sure that we will get copious and cheap nuclear power. The actual
building of nuclear plants will be driven by market forces. It is not clear
that such plants will provide cheap nuclear energy, given the high price of
uranium in the international market. Other costs are also likely to be high,
and we may well end up with not one but several Dabhols.
The events witnessed in Parliament on August
l4 clearly bring out the fact that there is no national consensus on this
issue, with almost all non-UPA parties protesting against the government steamrolling
Parliament. The fact that on such a crucial issue of national importance,
it is possible for the government to take a unilateral decision against the
wishes of the majority of the elected representatives in Parliament shows
that there is a lacuna in our political system. Another weakness comes from
the whip system practised by the parties which prevents the elected representatives
from airing their opinions openly. But the vigorous debate in Parliament is
also a healthy sign that Indian democracy is showing its teeth for the first
time.
It has been sixty years that India has gained
freedom from colonialism and asserted its sovereignty. Through the Dandi March
Mahatma Gandhi showed how the most basic rights of the people were being controlled
and suppressed by the colonial government, even for a simple matter like producing
salt from seawater using radiation from the sun. In the last 50 years, the
Department of Atomic Energy and the scientists in particular, thanks to the
founders, have maintained our sovereign right to research and develop technologies
for practical applications in the nuclear field. The country has never subjected
itself to external restraints - thus not agreeing to sign the NPT, which is
almost universally accepted. Through the 123 Agreement the US has presented
us with a gilded cage. By signing the Agreement we would voluntarily walk
into the cage. Then it only remains for the US Congress to lock the door by
the simple act of ratifying the 123 Agreement.
Dr P.K. Iyengar is a former chairman of Atomic
Energy Commission
