Not one concern has registered

After assuring the Rajya Sabha that no law that seeks to bind our foreign policy would be accepted; after spelling out in detail that “full” must mean “full”, the prime minister referred to the requirement in the Senate Bill that the president report every year to the Congress and certify that India is in full compliance with its non-proliferation and other commitments. He then declared, “We have made it clear to the United States our opposition to these provisions, even if they are projected as non-binding on India, as being contrary to the letter and spirit of the July Statement.” He said that the dilution and uncertainty that such annual certification would entail are “not acceptable to us.” Categorical. One may even say, bold.

But the bill retains the provision — Section 108 — requiring the same, very comprehensive and equally detailed, annual report. The report must certify every year, among other things, that India is in compliance with its non-proliferation commitments; it must inform the US Congress about any new construction by India of nuclear facilities; about any significant changes in the production by India of nuclear weapons or in the types and amounts of fissile material; about changes in the purpose or operational status of any military nuclear fuel cycle activity; about any significant nuclear commerce between India and any other country. Furthermore, the US president must report the result of “United States efforts to promote national or regional progress by India and Pakistan in disclosing, securing, capping, and reducing their fissile material stockpiles, pending creation of a world-wide fissile material cut-off regime, including the institution of a Fissile Material Cut-off Treaty.”

Every single element which the prime minister had listed as unacceptable is still there. Is the deal acceptable in spite of these provisions that are “not acceptable to us”?

Conditional upon uninterrupted supplies of fuel

The fourth point that the prime minister emphasised was made much of — by him as well as by Congress benches. He said that India would be placing the civilian reactors under IAEA safeguards “with assurances of uninterrupted supply of fuel to reactors... together with India’s right to take all corrective measures in the event fuel supplies are interrupted.” Again, “We, of course, have the sovereign right to take all appropriate measures to fully safeguard our interests,” he added.

In responding to questions that were raised after he had spoken, he said again, “The nuclear agreement will not be allowed to be used as a backdoor method of introducing NPT type restrictions on India. Our offer to put nuclear facilities under safeguards in perpetuity is conditional upon these facilities securing fuel from international sources for their lifetime. If the fuel supply assurances as enumerated in Separation Plan are disrupted, then India will have the right to take corrective measures to ensure the continued operation of these reactors.” And yet again, “These safeguarded facilities will be eligible for and will receive fuel materials and technology from international sources. If such supplies cease, then India will be free to protect its interests through corrective measures.”

... contd.

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