Indo-US nuclear deal

It forbids India emerging a full
nuclear-weapons state
Pakistan can overtake India on nuclear weapons.
Dr. MM Joshi conveys apprehensions to PM
By Our Correspondent

The Indo-US nuclear deal continues to baffle the minds of Indians. The air of uncertainty and apprehensions about its impact on India’s freedom to continue to upgrade its nuclear capability continues to hog both those who can assess its impact and the scientists who have made India stand tall with other world nuclear powers. To give vent to his apprehensions, former Union Minister, Dr. M. M. Joshi on March 29, 2006 wrote a letter to the Prime Minister, Dr. Manmohan Singh to air his apprehensions. Here is the text of his letter:

The Bush Administration introduced the “Waiver Authority Bill” (WAB) in the U.S. Congress on March 16. The details of this very important bill have not been published in Indian media till today. It is indeed surprising rather shocking that the people of India do not know what has been proposed in U.S. Congress and what is the response of the Union Government. During the debate on Indo-US nuclear deal in the Rajya Sabha it was argued by me and others that the agreement places a cap on India’s nuclear weapon capabilities thus endangering its security environment and puts its civilian programme under perpetual inspection by IAEA. The deal also compromised with our energy security. After going through the Bill introduced by Mr. Lugar (by request) in the US Congress I am afraid my apprehensions have come true.

The Section 1(a) of the WAB authorises the President to waive certain provisions of the US Atomic Energy Act of 1954 (42 U.S.C. 2153) with respects to India if the President makes the determination described in sub section (b). This determination by the President means that

(1) India has provided the United States and the International Atomic Energy Agency (IAEA) with a credible plan to separate civil and military facilities, material, and programs, and has filed a declaration regarding its civil facilities with the IAEA.

(2) An agreement has entered into force between India and the IAEA requiring the application of safeguards in accordance with IAEA practices to India’s civil nuclear facilities as declared in the plan described in paragraph (1).

(3) India and the IAEA are making satisfactory progress towards implementing an Additional Protocol that would apply to India’s civil nuclear program.

(4) India is working with the United States for the conclusion of a multilateral Fissile Material Cut-off Treaty.

(5) India is supporting international efforts to prevent the spread of enrichment and reprocessing technology.

(6) India is ensuring that the necessary steps are being taken to secure nuclear materials and technology through the application of comprehensive export control legislation and regulations, and through harmonization and adherence to Missile Technology Control Regime (MTCR) and Nuclear Suppliers Group (NSG) guidelines.

(7) Supply to India by the United States under an agreement for cooperation arranged pursuant to section 123 of the Atomic Energy Act of 1954 is consistent with United States participation in the Nuclear Suppliers Group.

Under Subsection (c) this determination by the President shall be reported to the US Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives. Sub section (d) says that SUBSEQUENT DETERMINATION— A determination under subsection (b) shall not be effective if the President determines that India has detonated a nuclear explosive device after the date of enactment of this Act.

Under Subsection (d) India is permanently precluded from conducting any nuclear explosive test. Any violation of this blanket ban would lead to the cessation of the fuel supply to its civilian nuclear programme. And who decides the violation? The US President. Does it not mean that our entire nuclear programme (civilian and military) will depend upon the determination by the U.S.?

Through a very cleverly drafted Bill the US wants to impose qualitative and quantitative ceilings on India’s nuclear deterrent capabilities and to ensure that India never emerges as a full nuclear-weapons state. While nuclear weapon states will remain free to conduct nuclear explosions India will now be prohibited to do so. Our voluntary moratorium will cease to be revocable. It can be readily seen that Pakistan is not under the ambit of any such restriction. It can overtake India on nuclear weapons. What India and Indian Scientists had achieved after Pokharan II has been lost by signing the Indo-US nuclear deal in March 2006.

Under the US administrations proposed Bill India becomes a party to the Comprehensive Test Ban Treaty which the US senate had rejected some years ago.

During the debate in Parliament you had assured that you would “never accept discrimination” but provisions of the Bill contradict all your assertions.

No sovereign nation would ever compromise its strategic and energy security as India would be doing if the provisions of the WAB are accepted. In my opinion the Government should seek:

(a) The US should repeal or amend the provisions of their domestic law by repealing certain clauses. The waiver route should be rejected,

(b) the voluntary moratorium on nuclear explosions by India should in no case be converted into permanent and irrevocable moratorium by US legislation.

(c) All provisions which are discriminatory should be rejected. Today the world recognizes us as a responsible power and if we agree to these provisions our conduct will be determined by the U.S. President. Just now I have seen an article by Jimmy Carter published in Washington Post. He is against this deal as such and says, “Knowing for more than three decades of Indian Leader’s nuclear ambitions, I and all other residents included them in a consistent policy : no sales of civilian nuclear technology or uncontrolled fuel to any country that refused to sign the NPT”. He has described the deal as dangerous.

Recognising that no Democrat Congressman has supported the introduction of the WAB the remarks of Jimmy Carter indicate that US Congress may impose even stricter conditions.

The writing is on the wall. Take nation into confidence. Serious apprehensions are in the minds of the people. They must be assured that there will be no compromise on India’s Sovereignty security and energy independence.