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A Critical Analysis
of INDO-US NUCLEAR DEAL by PROF BRAHMO CHELLANY __ PART 2. INDIA''s
signing of the ambiguously worded 123 Agreement with U.S (with a
reputation of gutting even carefully worded international treaties
including an earlier Indo
US Accord), and ignoring the conditions laded Hyde Act,
demonstrates a classic example as to what extent stupidity can go
in getting trapped . This accord is only a requirement under
the American Law , and carries no force under the 1969 Vienna
Convention on the Law of International treaties , whereas it
confers enforceable rights to the supplier state thus jeopardising
our country''s interests. .
Reprocessing is
the heart of India''s plans to build a long term energy security but
unwittingly had surrendered this right in return for
an illusory empty theoretical right to reprocess. Whereas the
Separation Plan agreed only to two requirements from us viz: a)accepting
safeguards in the campaign mode after 2010 in the case of Tarapore Power Reactor Fuel Reprocessing Plant( PREFRE ) &b)the Rajasthan and Tarapore spent fuel reprocessing pools "would be made available for safeguards in a phased manner between 2006 to 2009; INDIA went beyond these and agreed to sideline the (PREFRE)plant
and also agreed to go ahead in building an entirely expensive new
facility dedicated to reprocessing of safeguarded nuclear material
under IAEA
standards of safeguards ''at its own cost''. Moreover, INDIA agreed to
route all spent fuel of all foreign origin through this new facility. In
reality and according to US, '' it will take several years before
INDIA get the actual right to reprocess spent fuel '' as revealed in
the remarks made by Mr Burns in a news conference in
July 2007.." First India has to build a dedicated facility , a state
of the art reprocessing facility to US satisfaction and then
negotiate with Washington a separate Agreement under Section 131 for
reprocessing rights. . Actually there is no time frame limit for US
to grant India a reprocessing right." This being so ,our PM mentioned
in the Parliament that ''we have already obtained reprocessing right
upfront ''and called it as a permanent right..
,
When we compare this with Japan who before they they signed the 123
Accord with US in 1987, had obtained an unambiguous "implementing
agreement " specifying advance long term consent for reprocessing,
transfer and storage of nuclear material by spelling out Tokyo''s
various reprocessing right arrangements., it wihow India instead of insisting to such an operational right to
reprocess , actually surrendered their right to an illusory future .
These actions have created a political storm and it will not be too
late to drive home the point that "NO PM could go ahead with a core
related national issue without winning the public trust. " KONTHAI