The final exemption made for India at the NSG remains to be seen. But the latest uproar begs the question of what exactly is so wrong with Hyde Act. There are, in fact, a total of 18 clauses in the legislation that are not absolutely ideal from India’s standpoint. Many of these are simply redundant while others contain seemingly demeaning (but relatively innocuous) language.

Of the objectionable passages, three fall under Section 102 or the Sense of Congress, and are therefore not legally binding — on the US or India. These include a statement that the US will only agree to nuclear cooperation with a non-NPT state if “such cooperation induces the country to... refrain from actions that would further the development of its nuclear weapons programme”; a passage that says the US will cooperate with countries if they have a congruent foreign policy, which includes working with the US on non-proliferation efforts; and a declaration that countries outside the NPT pose a non-proliferation challenge.

Another five clauses fall under Section 103, or Statements of Policy. These too are not strictly binding, but are merely broad indications of what Congress believes US policy should be. Many articles in Section 103 were included to satisfy members of Congress who may otherwise have opposed the Act. These include policies to achieve a reduction of fissile material for weapons (including a ban “to which both the United States and India [will] become parties”); to secure India’s participation in efforts to isolate and contain Iran for its efforts to acquire WMD; and generally to oppose the development of nuclear weapons by non-nuclear weapons states.

... contd.