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

 On March 7, 2007, while introducing the Separation Plan, the prime minister told Parliament that the US had assured India that we would have access to uninterrupted supplies of fuel throughout the lifetime of the reactors that we would place under safeguards — both from the US and from other members of the Nuclear Suppliers Group. Elaborating on this assurance — the absolutely critical assurance on the basis of which the government justified placing two-thirds of our reactors under safeguards at the very beginning — the prime minister said: “To further guard against any disruption of fuel supplies for India, the United States is prepared to take other additional steps, such as:

a) Incorporating assurances regarding fuel supply in a bilateral US-India agreement on peaceful uses of nuclear energy, which would be negotiated; b) The United States will join India in seeking to negotiate with the IAEA an India-specific fuel supply agreement; c) The United States will support an Indian effort to develop a strategic reserve of nuclear fuel to guard against any disruption of supply over the lifetime of India’s reactors, and; d) If despite these arrangements, a disruption of fuel supplies to India occurs, the United States and India would jointly convene a group of friendly supplier countries to include countries such as Russia, France and the United Kingdom to pursue such measures as would restore fuel supply to India.”

Prime minister or no prime minister, our Parliament or no Parliament, the US Congress completely stamped out this string of assurances:

— It scotched the PM’s assurance about “strategic reserves” — reserves on which we could fall back in the event of not just normal disruption of market supplies, but sanctions — as happened in the case of Tarapur — by specifying in Section 103(b)(10): “Any nuclear power reactor fuel reserve provided to the government of India for use in safeguarded civilian nuclear facilities should be commensurate with reasonable reactor operating requirements”.

• As for the PM’s assurance about joining India in convening a meeting of other suppliers to restore fuel supplies in the event of a disruption, the US Congress inserted not one, but five provisions in the Hyde Act to direct the US Government to ensure that, should the US stop supplies of fuel to India — for instance, in the event of India testing a nuclear device — no other member of the Nuclear Suppliers Group (NSG) shall supply fuel to India.

To give just one string of examples, the US Congress enacted in the Hyde Act:

1. Section 102 (13): “The United States should NOT seek to facilitate or encourage the continuation of nuclear exports to India by any other party if such exports are terminated under United States law”

2. Section 103 (4): “Strengthen the NSG guidelines and decisions concerning consultation by members regarding violations of supplier and recipient understandings by instituting the practice of a timely and coordinated response by NSG members to all such violations, including termination of nuclear transfers to an involved recipient, that discourages individual NSG members from continuing cooperation with such recipient until such time as a consensus regarding a coordinated response has been achieved”

3. Section 103(6): “Seek to prevent the transfer to a country of nuclear equipment, materials, or technology from other participating governments in the NSG or from any other source if nuclear transfers to that country are suspended or terminated pursuant to this title, the Atomic Energy Act of 1954 (42 USC 2011 et seq.), or any other United States law”.

“Not seek to facilitate or encourage...,” ... “Institute the practice of a timely and coordinated response by NSG members...,”... “Seek to prevent...”. What could be more emphatic? What could be clearer? But our Micawbers kept us hoping: “Something will turn up. We are not bound by a US law. The assurances will be in the 123 Agreement. That is all we will be bound by.”

We now have the 123 Agreement. It shows in the clearest possible terms that the US government has not moved a millimetre from its position about granting access to no more than the fuel that is required for the “operating requirements” of the reactors. For what do we read in the 123 Agreement? Here is Article 5 (6) (B) of the Agreement. Please do read it to see how smoke is fed into our eyes by this government:

To further guard against any disruption of fuel supplies, the United States is prepared to take the following additional steps:

• “The United States is willing to incorporate assurances regarding fuel supply in the bilateral US-India agreement on peaceful uses of nuclear energy under Section 123 of the US Atomic Energy Act, which would be submitted to the US Congress.”

But this is the 123 Agreement! In which future 123 Agreement will the US incorporate that assurance?

The Article continues:

• “The United States will join India in seeking to negotiate with the IAEA an India-specific fuel supply agreement.”

• “The United States will support an Indian effort to develop a strategic reserve of nuclear fuel to guard against any disruption of supply over the lifetime of India’s reactors”

• “If despite these arrangements, a disruption of fuel supplies to India occurs, the United States and India would jointly convene a group of friendly supplier countries to include countries such as Russia, France and the United Kingdom to pursue such measures as would restore fuel supply to India.”

To enable the Indian government to save face, the words have just been cut and pasted. And in his new statement to Parliament, the prime minister hails this as an achievement: “The Agreement reiterates in toto the corresponding portions of the Separation Plan,” he says. Right! What was to have been assured in the 123 Agreement has been left to be assured in the 123 Agreement!