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A word dropped, a word inserted and the assurances are fulfilled!

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Arun Shourie Posted: Aug 17, 2007 at 0054 hrs IST
Related Stories: Forward-looking farce
As for ‘applicable treaties’ the US Act to operationalise the Nuclear Nonproliferation Treaty binds the US not to directly or indirectly — and we shall soon see the significance of these two words, ‘or indirectly’ — assist any Non-nuclear Weapon State to acquire or manufacture nuclear weapons. That in devising its cooperation with India the US must adhere to its obligations under this Article is reiterated and emphasised in the Hyde Act. That is why Section 104 of the Hyde Act explicitly states, ‘Pursuant to the obligations of the United States under Article I of the NPT, nothing in this title constitutes authority to carry out any civil nuclear cooperation between the United States and a country that is not a nuclear-weapon state party to the NPT that would in any way assist, encourage, or induce that country to manufacture or otherwise acquire nuclear weapons or nuclear explosive devices...’

That is just one example of what that reference to ‘national laws’ entails. As is well known by now, the US Congress completely disregarded the assurances that our prime minister had given to Parliament and incorporated a slew of provisions that were even more stringent, even more intrusive than the provisions of the original bills which the prime minister had said India would have ‘grave difficulties’ in accepting.

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So, what does the prime minister do now — especially in view of the fact that the 123 Agreement explicitly mandates that, in implementing it, the US shall be bound by these laws? Simple: in the long statement that he waded through on August 13, 2007, in Parliament, the prime minister just doesn’t mention any national law at all, not the Hyde nor any other Act!

Omission actually is deployed more than once as the device of choice.

‘All’ out, ‘associated’ inserted

The central imperative in our discussions with the United States on Civil Nuclear Cooperation is to ensure the complete and irreversible removal of existing restrictions imposed on India through iniquitous restrictive trading regimes over the years. We seek the removal of restrictions on all aspects of cooperation and technology transfers pertaining to civil nuclear energy — ranging from nuclear fuel, nuclear reactors, to re-processing spent fuel, i.e. all aspects of a complete nuclear fuel cycle.’ The ‘complete and irreversible removal’ is just as important. But for the moment I am on the ‘all’ — in giving this assurance to Parliament, the prime minister used the word not once but twice.

... contd.

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