Recently we have witnessed the visit of the US president Barrack Obama as the chief guest on our 66th republic day celebration. This was the first time that any US president was the chief guest of our national celebration. Lots of bonhomie and friendship were seen from both the sides. The visit was very important for India from strategic point of view that a strong relationship with US may help to constrain china towards its expansionary border policy. Many deals were done ranging from the Defence technology transfer agreement to the civil nuclear agreemment.
The civil nuclear agreement was the brainchild of the PM Manmohan Singh. Ironically the BJP was opposing it when congress initiated it due to some compromises India have to show by signing this agreement. But the same BJP govt. has finally concluded the bill to its final goal for good. The two hiccups the nuclear liability law and the inspection of nuclear facilities by various countries was mitigated nicely. Though the dias is completely in the hand of the US companies like Westinghouse and GE, we expect a positive outcome.
The resounding part of this agreement is that it is done under the 123 agreement and the Hyde act. So what is 123 agreement and the Hyde act , let's look at it one by one.
123 Agreement- It is a legislation in the United States constitution against the prevention of the nuclear weapon act. The article 123 of this act says the US can only go for Civil nuclear agreement with those countries which have signed the NPT ( Non- Proliferation Treaty) and CTBT ( Comprehensive Test Ban Treaty). According to NPT only the members of the UNSC ( US, France, China, Britain and Russia) can have the nuclear weapons. This agreement is very discriminatory in itself and that's why India is neither signatory of NPT nor CTBT. Apart from India , Pakistan and Israel are also not the signatory of NPT.
As the India is not the signatory of NPT, according the section 123 of the US legislation, it was not possible for US to have a civil- nuclear agreement with India. But this is problem was settled by passing an act proposed by the congressman Hyde, which gives a special concession only for India.
The Hyde Act- According to this act US can have civil- nuclear agreement with India. It can transfer its nuclear technology and material to India on the account of frequent verification and checking of the nuclear facilities in India. The US will have to insure that the technology supplied is not used for the purpose of the nuclear weapon.
No doubt the agreement has open the door for India to have the prospect of clean nuclear energy which is the foremost requirement of the country for realising its economic growth and elimination of its extreme poverty.